Settling the case outside a court’s decision has always been a preferred choice and for good reasons. This is done by contacting both parties to resolve the issue at any time. The “agreed order” is then put into writing and reviewed by a judge to make sure that you and your landlord understood the agreed terms. Case settlement is not compulsory and you have all the rights to a trial. In you go trial, secure an attorney, or if you can’t afford one, ask the judge for a list of agencies that provide free legal assistance or at reduced charge.
Speak to your landlord directly if you want to settle the case. The most efficient way to do that is through mediation. This is an informal negotiation, not a trial, between the concerned parties. With the mediator’s help, a settlement is reached without a judge or jury deciding the case. Many cases are settled this way. In fact, it probably is the best way to avoid unnecessary hassles and litigation costs.
There are a couple of advantages why you should try to settle your case. For example, instead of a judge deciding the case based strictly on the law, settlement can be fair to both of you. In addition, settlements are held privately unlike a trial that ends up on public records. Trials come with associated risks like unable to foresee how it would turn out – if the decision favors you or otherwise. Settlement removes these risks.
Granted your landlord is well-informed about the cost of today’s litigation, he probably would agree to settle the case and move on. Trials are extremely unpredictable; there is no guarantee that he could win the case and neither do you.
Still, if you lose the case, you likely would be allowed to stay for 14 days prior to move out, and bargain a few more weeks in case of settlement. He could even let you stay without paying a rent knowing that it’s certain that you’re going to vacate the premises on the agreed date, or receiving a government check through the Section 8 Program.
Housing Choice Voucher Program Section 8
Section 8 Program is a government subsidized housing program designed to assist low-income individuals who cannot afford to pay for rent. If you’re one of its participants, never offer to move out for a benefit. The rental assistance will stop right away if you do that because it is tied up to your housing. Also, seldom a landlord to willingly offer a housing more valuable than you have now.
However, it is in your best interest to just settle the case if your landlord is trying to evict you on the grounds of criminal activities. Seek legal assistance if you are in this situation and always make sure you understood the settlement agreement before finalizing it.
The settlement doesn’t always have to end with eviction. For example, you could promise to pay your landlord on a certain date if the reason is nonpayment or perhaps barring a guest who had committed the violation.
If you are not 100% sure of what you are about to do, it is best to speak to a lawyer right away. Your landlord’s lawyer might intimidate you or use terms you do not understand. Remember, he is there to protect your landlord’s best interest and you could end up signing to unfavorable settlement terms.
References:
- illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1777#a=questions
- portal.hud.gov/hudportal/HUD?src=/topics/housing_choice_voucher_program_section_8
