HAVE THE SETTLEMENT REVIEWED ON THE RECORD
In many California courts, the judge may review key provisions of the settlement agreement, including: • The tenant’s move out date • Payment obligations and payment deadlines • Any conditions required for the case to be dismissed • What will happen if the tenant fails to comply with the agreement • Rights the tenant may be waiving, such as the right to a jury trial or certain defenses If the parties come to an agreement on settlement terms, the court should take an active role to complete and monitor the process. It’s best practice to have the judge review the specific terms of the settlement agreement on the record in court with the tenant. The judge should ask the tenant if they understand all the terms and conditions of the agreement and what their obligations and responsibilities are pursuant to the terms of the settlement agreement. This protective measure prevents the tenant from later claiming with any credible argument they didn’t understand the terms or were pressured into signing. After the settlement agreement has been signed, the court can set a follow-up hearing to monitor the status of the settlement, and to see if the tenant has vacated.
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