Housing - Settlements

In the Resolution Part, in Mediation, or even in the Trial Part, you and the landlord, with the assistance of the Judge, the Judge's assistant or the court mediator, may reach a settlement in your case.  Reaching an agreement is usually easier in a nonpayment case than in a holdover case since the landlord usually wants you to move out in a holdover case.  Most nonpayment cases are settled, rather than going to trial.

Be careful.  Agree only to what you think is fair and be sure you can do what you promise.   Be sure you know what legal rights you may be giving up.  Do not sign anything until you have read and understood the whole agreement and the court attorney or the Judge has explained to you what you are signing.  If you have any questions or doubts, you have the right to ask to talk to the Judge who must approve your settlement.

• Things to get in the agreement
• Things to avoid in the agreement
• What if you've signed an agreement, but you can't do what you promised?

In a nonpayment case, ask for a rent reduction if there have been problems with repairs.  Ask that the landlord make these repairs or provide these services BEFORE you must pay any rent.  Be sure that you can make any payments you promise to make.   Be sure that the landlord has to come back to court before he or she can try to evict you if he or she thinks that you have not paid the agreed on amount of back rent on time so you will have a chance to explain your side to a Judge.

In a holdover case, be sure you get enough time to correct any problems you agree you should take care of.  Be sure that the landlord has to come back to court to evict you if he or she thinks that you have not taken care of the problem so you will have a chance to explain your side to a Judge.   If you agree that you do not have a right to remain in the apartment and that you will move out, be sure that the agreement gives you enough time to find some place to move to.  If you agree to move, try to get the landlord to give up any rent you owe so you will have some extra money to find another apartment and move.

• Do not agree to move from your apartment UNLESS you are sure that you have some place to move into and that you have no right to remain in your present apartment.

• Try not to agree to a final judgment.   Try not to agree to the issuance of a warrant of eviction.   (See "What is a 'Notice of Eviction'?")

  • If the agreement in a nonpayment case contains a final judgment for an amount of money and a deadline by which you must pay that amount, it is important NOT to agree to a final judgment if there is any chance that you may not be able to make the payment deadline.  Getting the rent money on time can sometimes be a problem for tenants who need to get the money from the Department of Social Services. 

  • If the agreement does include a final judgment, be sure the agreement contains specific words agreeing that you can get more time without depositing all of the rent money and also describing what you have to do to get more time.

• Do not agree to pay the landlord's lawyer's fees.

If you cannot pay on time or do other things you promised in the agreement, go to the Landlord-Tenant Clerk's office and ask for an Order to Show Cause to get more time. (See "What is an 'Order to Show Cause'?")   A Judge will read your Order to Show Cause and decide whether to give you more time.  If your request for more time is denied, you may be evicted if you cannot pay on time or keep other promises you made in the agreement.  If the agreement is in a nonpayment case and it contains a final judgment for an amount of money, the Judge may not give you more time or may require that you deposit all of the judgment amount with the Court or unless the agreement says that you can get more time without depositing all of the rent money.