How to Cancel an Eviction Process

By Mike Broemmel
Canceling an eviction.

Editor B,

If you're a landlord in the process of evicting a tenant, the tenant may vacate the premises on her own or the dispute between you and the tenant might be resolved. If either of these situations occurs, you'll need to cancel the eviction process.

Prepare a written settlement agreement and have the tenant sign it. Even if the tenant voluntarily moved out of the premises during the eviction process, make every effort to obtain a signed written agreement from the tenant setting forth that the case was resolved.

Prepare a motion to dismiss the case to present to the court with the settlement agreement. The eviction case or process should be dismissed "without prejudice," which allows you to refile a case and restart the eviction process if the agreement with the tenant falls apart.

File the motion to dismiss, along with the settlement agreement, with the motion.

Schedule a conference or hearing with the court, where the judge will dismiss the case as requested, assuming there is no objection from the tenant.

Obtain a final order dismissing the case to maintain in your records.

About the Author

Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.

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