Understanding Eviction Settlements: What to Consider During Negotiations

What Should Be Negotiated?

It is important for renters to consider the strengths and weaknesses of their case, what they need from the settlement, and what their non-negotiables are. Renters should consider these questions:

• How long, realistically, will it take to find a new place and to move?
• How much will it cost to move, and will I have to pay a new security deposit?
• When will my current security deposit (if any) be returned to me?
• If rent is owed, can I pay it, and when can I pay it?
• Does the landlord owe me any money for repairs or rent overpayments that I have made?
• What will the landlord say about me to prospective (new) landlords?
• Will the case be dismissed, or will there be a judgment against me?
• Can I get the eviction court record sealed?

Important Things to Consider

• Avoid an Order for Possession (eviction order), if possible. Orders for Possession can appear on tenant screening reports and credit reports, making it more difficult for the tenant to move. Instead, consider an Agreed Move-Out and Compliance Status.
• Be realistic with the move-out dates and payment plans. Renters may face eviction if they promise something they cannot fulfill.
• Renters who believe the eviction was filed “without a factual or legal basis” should ask the judge to seal their eviction record as part of any settlement.
• Don’t be afraid to ask questions. Renters who are unclear about anything should ask for an explanation.
• When in doubt, please look for legal assistance.