Settle and dismiss a civil case between tenant and landlord
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Member since 2025 · 8 posts · 29 votes
1yQuote 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.
4 Replies
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes1y
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.
Did you react promptly when they reported the issue? If so, there's no reason to pay them anything. The only reason you should pay is if you were personally responsible for delays that caused them hardship.
California.
The DIY Landlord Book4.7248 Reviews - Member since 2025 · 8 posts · 29 votes1y
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.
- Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes1y
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 get it dismissed, they are the ones who need to file the dismissal since they are the plaintiffs. I agree with others, why did they sue you? Did you not handle this properly?
Either way you should spend the money on attorneys to review it as it would appear if you agree to the fault that you were at fault for not handling this in the first place. Dont go cheap.
7e investments53 Reviews - Member since 2023 · 6 posts · 1 vote1y
Thanks for all the insights and meaninful responses, Chris, Tyson and Nathan.
@Nathan Gesner we reacted promptly in my opinion, but hindsight is always 20/20. In 2nd week of Jan we got text message, had a pest control guy in/out a couple times before we decided to relocate them and full remediation in last week of February. Would I be more prompt next time, probably. We already have a monthly pest/rodent service that is paid for and they come out monthly for years now.
I do not think I am responsible, but also fighting a frivolous contingency based lawsuit will cost me time and energy and money. So if there is a way to settle this.
@Tyson Wade yes, dismiss with prejudice. Is this something tenant and I can go in front of the judge and tenant signs the dismissal - or does the tenants attorney have to be in the loop. Tenant does not want to share %age with thier attorney, and I do not want the plaintiff attorney to stir the pot and keep raising the stakes - to a point where I might as well hand it over to my liability insurance team to fight it out.
@Chris Seveney agreed that I would want my attorney to review this - not to fight it out all the way but help in appropriate drafting of the settlement agreement.
Can any of you recommend an attorney who could do this as a service? Having trouble finding someone who is good yet willing to offer a agreement drafting/reviewing as a service.
Thoughts? Other points of view? Critique?
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