Should I Attempt to Settle My Eviction Case?

Sometimes it’s in the landlord’s best interest to attempt to settle an eviction case before engaging in time-consuming and expensive litigation. Here is an overview of two of the most common types of eviction settlements and the reasons why a landlord might want to pursue settlement as an alternative to litigation. 

Stipulation for Entry of Judgment

One of the best ways to settle a case from a landlord’s perspective is via the parties’ agreement to enter into a conditional or “stipulated” judgment. It’s typically used when the tenant agrees to leave but needs more time to find a new place.  The stipulated judgment can provide that the judgment will not be executed if the tenant moves out of the property by a certain date. It the tenant fails to comply with the terms of the settlement, the landlord can ask the court to immediately enforce the terms of the settlement by restoring possession of the property to the landlord. 

To effectuate this type of settlement, you must agree on a date for the defendant to leave, which can be a week or a couple of months.  You must also agree on how much money the defendant must pay to stay the extra time and when it is due.  In addition, the parties typically agree that the landlord will dismiss the case if the defendant pays the landlord and leaves on the due date.

Conversely, if the defendant pays late or does not leave on time, the landlord simply files the stipulation with the court along with a sworn declaration proving the defendant broke the agreement.  The court then enters judgment on the stipulation and issues a writ of execution directing the sheriff to restore possession of the property to the landlord. 

Cash for Keys Transaction

This type of settlement typically occurs before a lawsuit is filed.  In a cash for keys transaction, like the stipulated judgment, the tenant agrees to move out on a specific date and receive cash in return for the keys to the property. It is generally used when a landlord wants to evict a tenant but doesn’t want to go through the eviction process.

 Cash for keys is also typically faster and cheaper than going through the courts for eviction.  The average eviction process typically takes 1 to 2 months or longer, whereby a cash for keys transaction n be carried out on a date certain agreed to by the parties. 

Benefits of Settling the Case Instead of Going to Trial

There are several prudent reasons to settle out of court.  For example, if you settle early, you will not have to pay any more court or lawyer fees. If you settle, your dispute will be over faster than a trial.  You also will not have to take time off from work to go to trial.  In addition, a settlement precludes the judge from ordering you to pay the other side’s costs of the litigation.  As a landlord, you want to receive possession of your property as quickly and efficiently as possible. A settlement will sometimes obtain that result quicker than going to trial.

Please contact Lynx Legal with any questions regarding the above, and for all your eviction needs.  We can be reached at 888-441-2355 or info@lynxlegal.com.  Our experienced staff is standing by to take your order or answer any questions you may have.