Settle and dismiss a civil case between tenant and landlord

[AJ Mulani]

My tenant had a rat infestation which we have resolved. They have sued us for civil liability. We talked directly to tenant and they are ready to dismiss the case for 3 month rent credit. How do we fairly yet common sense approach file a dismissal, without getting too many attorney involved, and cost. 

[Tyson Wade]

Quote from @AJ Mulani:

My tenant had a rat infestation which we have resolved. They have sued us for civil liability. We talked directly to tenant and they are ready to dismiss the case for 3 month rent credit. How do we fairly yet common sense approach file a dismissal, without getting too many attorney involved, and cost. 

If you believe the lawsuit to be unwarranted, or if you have any outstanding counterclaims, then you'll want to be sure that the current settlement is agreeable to you. If so, then you may consider first getting this settlement agreement in writing. This is where an attorney can be particularly useful, as they will likely have the resources to craft a robust agreement that provides remedies for any unforeseeable situations that may arise as this suit (hopefully) fizzles out. Once this agreement is in place between you and the tenant, then the tenant (as Plaintiff here) can file a motion to dismiss the case (I'd recommend requiring that this be dismissed with prejudice so they can't reopen the case down the road).

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.