Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance.
No, under most circumstances you do not have to hire a lawyer.
If the landlord started the unlawful detainer lawsuit and then came to an agreement with you as the tenant before the court hearing, conference, or trial, the landlord must immediately let the court know about the settlement. (California Rules of Court, rule 225.).
This is done by filing a Notice of Settlement (form CM-200).
If the agreement is conditioned on the satisfactory completion of terms that do not have to be carried out fully within 45 days, the "Notice of Settlement" must specify the date the dismissal is to be filed.
To avoid future disagreements, it is a good idea for the landlord and tenant to put all the important terms of their agreement in writing, have the writing signed by all the parties, and see that all the parties have a copy (see "Stipulation for Entry of Judgment Unlawful Detainer," form UD-115).
The landlord must file with the court a Request for Dismissal (form 982(a)(5)) after the settlement terms are carried out fully.
If the settlement was unconditional, the landlord has a duty to dismiss the action within 45 days after the date of settlement.
If the settlement was conditional, the court will schedule a dismissal review approximately 45 days from the dismissal date specified in the notice. If the landlord has not dismissed the lawsuit by that date, the court will dismiss the case at the dismissal review unless good cause is shown why the case should not be dismissed.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.
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