How to dismiss (end) your eviction case
If your tenant moves out before trial, you must dismiss (end) your eviction case.
You may also dismiss the case if:
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You and your tenant made an agreement outside of court and both of you have followed it, or
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You want to stop the case for another reason.
📌 Note: If you dismiss the eviction case and your tenant still owes you money, you can start a case in small claims court or civil court to try to get it back.
Before you start
You can’t dismiss your case if the judge issued a judgment already.
If you and your tenant haven’t finished everything you agreed to, you may not want to end the case yet. You might still need the court to decide any remaining issues.
How to dismiss your case
🔗 All court form links open in a new tab.
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Fill out forms
Request for Dismissal (form CIV-110)
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In Item 2, check the first box if you had a fee waiver, or the second box if you didn't.
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If you had a fee waiver, you may need to repay the waived fees if you are getting more than $10,000 from the other side. See page 2 of the form for details.
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Sign and date the form.
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If your tenant filed a Cross-Complaint against you (rare), they must also sign the form.
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With prejudice: This means you can’t start another eviction case about the same issues. Check this box if your tenant moved out and doesn’t owe you money.
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Without prejudice: This means you can file again about the same issue if needed. Check this if your tenant moved out but still owes you money.
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Without prejudice and with the court retaining jurisdiction: This means the court keeps power to enforce a settlement agreement (for example, if your tenant agreed to pay you, the court will make sure they pay you).
- If you don't need the judge to make a decision about anything else, check “Entire action of all parties and all causes of action.”
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If you aren’t sure, get legal help.
Notice of Entry of Dismissal and Proof of Service (form CIV-120)
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Don’t file this form yet. You’ll serve and file it after dismissal.
In eviction cases, landlords sometimes sue “Doe” defendants (unknown tenants living in the home) in addition to named tenants. Before a final judgment, you must dismiss any “Doe” defendants so the judgment only covers named tenants. Get legal help if you aren’t sure whether this applies to your case. -
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Make copies
- Make 2 copies of each completed form.
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File the Request for Dismissal
- Bring the original and copies of form CIV-110 to the court where you filed your case.
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The clerk will file the form, keep the original, and return the copy to you.
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Keep the copy for your records.
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Serve the forms
Have someone 18 or older mail:
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A copy of the filed Request for Dismissal (form CIV-110), and
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A copy of the Notice of Entry of Dismissal and Proof of Service (form CIV-120).
Your server must then fill out the Proof of Service section on page 2 of the Notice of Entry of Dismissal form. Make a copy.
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File the Notice of Entry of Dismissal
- File the original and a copy of form CIV-120 at the court.
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The clerk will keep the original and return the copy.
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Keep the copy for your records.
✅ After dismissal
Once you finish these steps, your eviction case is dismissed (ended). You can’t file any more forms in the case.
Eviction