If an unlawful detainer is filed and thn the tenant files an answer, canthey withdraw their answer and agree to move out without going to court?

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If an unlawful detainer is filed and thn the tenant files an answer, canthey withdraw their answer and agree to move out without going to court?

Asked on January 2, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If there has been filed an unlawful detainer action where the defendant tenant files an answer to the complaint, the landlord and the defendant can enter into a written stipulation between themselves to be filed in the court action where the tenant rather than opposing the lawsuit simply agrees to vacate the rental.

If that is what you want, I suggest that a written agreement be entered by you and the landlord where both of you date and sign the stipulation and file it in the court clerk's office. By doing this, the unlawful detainer action will be rendered moot assuming you actually vacate the rental by the agreed upon date. I suggest that you consult with a landlord tenant attorney to assist you regarding your matter.


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