Conditional Settlement

Sometimes the defendant agrees to leave, but needs time to find a new place. If this happens, you can enter a “conditional settlement.” This is also called a Stipulation for Entry of Judgment.

• Agree on a Date for the Defendant to Leave:
  • This can be a week or a few months.
• Agree to the Terms:
  • You must agree on how much money the defendant must pay to stay the extra time and who is paying the court costs. You also have to agree on when it is due.
• Agree on the Conditions:
  • You must agree that the landlord will dismiss the case if the defendant pays the landlord and leaves on the due date. But, if the defendant pays late or does not leave on time, the landlord can get a judgment. The landlord just has to file the stipulation with a sworn declaration. The declaration must prove that the defendant broke the agreement.
• Dismissal Date:
  • If the defendant has more than 45 days to do what the agreement asks, the Notice of Settlement should state what date the plaintiff will dismiss the action.

What to Do If You Settle the Case

TELL THE COURT RIGHT AWAY:

If you decide to settle your case, then you must notify the court right away. You must complete a Notice of Settlement and file the form with the court to make your notification. If you are scheduled for a trial, you must still attend if you did not file the Notice of Settlement at least 10 days before the trial. You may tell the court about your settlement at that time.

DISMISS THE ACTION:

If your agreement included conditions, then you must include the date that the conditions will be completed on the Notice of Settlement. You must file a dismissal of the entire action within 45 days from the date of completion.

If your agreement did not include conditions, you must include the date of the settlement on the Notice of Settlement. You must file a dismissal of the entire action with 45 days from the date of settlement.

The court will schedule a review hearing 45 days from the date indicated on Notice of Settlement if you do not file a dismissal of the entire action. The court will dismiss the action if you do not appear and give the court a good reason not to.

Filing Fee

If the defendant has not filed a response, there is a “first paper” filing fee to file a Stipulation or Notice of Settlement. It is based on the number of defendants signing the stipulation.

My Eviction Team Can Assist You In This Step if Needed

Settling an Unlawful Detainer action may be complicated.  The cost of an Unlawful Detainer Assistant may be cheaper than the additional rent and damages you lose if your case is delayed or dismissed for a legal defect.