A landlord and tenant can settle their eviction case outside of court. There are many benefits to this. It will likely cost less, take less time, and allow the landlord and tenant to come up with their own solution. This type of settlement may also help the parties address underlying issues that may not be addressed through the court and trial process. 

Even if the case is in court already, you can always come to an agreement with your tenant to avoid having to go to trial for an eviction. There are essentially 2 types of agreements:

• Where the tenant stays, and
• Where the tenant leaves.

If you decide to let the tenant stay, you can ask the tenant to agree to a plan to repay the past due rent. You can also ask the tenant to agree to a "probationary period." A probationary period allows you to bring back the eviction case if the tenant breaks the settlement agreement or the lease in the future.

If you would like the tenant to leave, it is helpful to note that a tenant will often agree to leave if they are given some additional time to find a new apartment. If your tenant agrees to leave, you can ask the judge to enter an order giving a deadline for the tenant to be out.

The agreement can include a "compliance date." The compliance date is a court date where you and the tenant would go to court to let the judge know if each party followed through with their portion of the agreement. If the tenant did not follow their end of the agreement, the judge may enter an Eviction Order immediately. An Eviction Order is a decision by a judge that says a tenant must leave an apartment or building. The judge may also enter a judgment that the tenant owes the landlord a certain amount of money.  

[no-lexicon]Sealing[/no-lexicon], or hiding, the case

If you settle the case, you should also consider "sealing" the eviction file. Sealing is when a judge decides that a case should be hidden from the public. The court will usually seal an eviction file if the landlord and tenant agree to do it. Sealing the file prevents the eviction from appearing on background checks. This makes it easier for the tenant to find a new apartment (and leave the current apartment sooner). It is also a good way to get the tenant to agree to leave voluntarily.

Most settlements are entered as a court order. Any agreement you make with the tenant should be put in writing and signed by both the landlord and the tenant.

Court forms to settle eviction cases

The Illinois courts have published a set of Agreed Order forms in eviction cases. These forms can help landlords and tenants come to agreements in eviction cases. The forms are written in plain language and come with instructions on how to use them.

Learn more about the different types of court forms to settle eviction cases.