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You are here: More Topics > Landlord/Tenant > Questions & Answers > What should the landlord and tenant do if they come to an agreement to settle the case?
If the landlord starts an unlawful detainer lawsuit and then comes to an agreement with the tenant before the court hearing, conference, or trial, the landlord must immediately let the court know about the settlement. (California Rules of Court, rule 225.)
This is done by filing a Notice of Settlement (form CM-200).
If the agreement is conditioned on the satisfactory completion of terms that do not have to be carried out fully within 45 days, the "Notice of Settlement" must specify the date the dismissal is to be filed.
To avoid future disagreements, it is a good idea for the landlord and tenant to put all the important terms of their agreement in writing, have the writing signed by all the parties, and see that all the parties have a copy (see "Stipulation for Entry of Judgment Unlawful Detainer," form UD-115).
The landlord must file with the court a Request for Dismissal (form 982(a)(5)) after the settlement terms are carried out fully.
If the settlement was unconditional, the landlord has a duty to dismiss the action within 45 days after the date of settlement.
If the settlement was conditional, the court will schedule a dismissal review approximately 45 days from the dismissal date specified in the notice. If the landlord has not dismissed the lawsuit by that date, the court will dismiss the case at the dismissal review unless good cause is shown why the case should not be dismissed.
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Last modified: 03/17/2008
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