Understanding Eviction Settlements: How to Negotiate

Either party may start the process by asking the other side if it would be possible to come to an agreement. The judge may also ask the landlord and the renter to talk, or an attorney may try to talk with the renter before court begins to see if a settlement can be reached. Renters without an attorney should keep in mind that the landlord’s attorney is working for the landlord, not the renter (and not the court).

When a tenant has participated in the Early Resolution Program, a free legal aid attorney can help with negotiations.

Negotiation is a Two-way Street

In negotiation, the renter and the landlord sides come together with the goal of reaching an agreement that is acceptable to both parties. Unlike a court decision, where one person wins and one person loses, in settlement, the parties try to find a middle ground. If one side has a strong case, the other party may have to give up something in order to come to an agreement. It is very important for renters to think about what they need from a settlement.

Some issues that can be negotiated include:

• Amount of rent owed, if any
• Moving expenses
• Time for renter to move
• "Neutral reference" to prospective (new) landlords

Beware: Landlord attorneys often ask renters “when can you move” and then write up an Agreed Order for Possession (eviction order) to present to the court. Agreeing to an Order for Possession is agreeing to lose the case and be evicted. It is a judgment against the renter and the court record will show the tenant lost the eviction case. Renters who want to move can negotiate for a much better deal!

Parties must also be aware of issues that they are not willing to concede (“non-negotiables”). These non-negotiables may make it more difficult to settle. For instance, if the landlord insists that the renter must move and the landlord’s case is weak, the landlord might have to agree to give the renter time to move and/or give up or reduce rent claimed or even pay for relocation assistance. If the renter insists on not having a judgment for rent and the renter’s case is weak, the renter might have to agree to move more quickly.

Many times the parties may think that they have come to an agreement, but when it is written down, it is not what they thought they had agreed to. If the renter thinks they are being bullied or pressured to sign something they do not like, stop. Either side always has the right to stop negotiation and have the case decided at trial.

Both parties should read the agreement carefully before it is given to the judge for signature to ensure that it accurately reflects every detail of the agreement between the parties. If something is not written on an agreed order or separate written agreement, it may not be enforceable later. Once an agreement is signed or entered in court, it is difficult to change.