How to dismiss your eviction case
If your tenant moves out before you’ve gone to trial, you have to cancel or close (dismiss) your eviction court case. If they owe you money you can file in small claims court or civil court to try to collect the money.
Another reason you might dismiss your case is because you and your tenant came up with an out-of-court agreement and you've both done everything you agreed to.
Before you start
You can’t dismiss your case if a Judgment was filed in the case (the judge made a decision already).
If you and your tenant have not done everything you agreed to, you might want to leave the case open in case you need to go to court to solve any leftover problems.
How to ask for your eviction case to be dismissed
-
Fill out forms
Fill out the following forms
- Request for Dismissal (form CIV-110)
- Item 2 on the form asks about fee waivers. Check the first box if you got a fee waiver to file your case. Check the second box if you did not get a fee waiver.
- If you got a fee waiver, you may have to pay back the waived fee if you are getting paid $10,000 or more by the other side. Read the second page of the form to find out if this applies to you.
- Below Item 2, date, print and sign your name.
- If your tenant filed a Cross-Complaint against you in the case, they will need to sign the Request for Dismissal form, too. This is rare. Otherwise, they don't have to sign this form.
With prejudice means that you can't file a new eviction case to evict your tenant about the issues you put in the Complaint you filed. For example, if you're dismissing the case because your tenant moved out and they don't owe you money you can check this box because you won't need to file to evict them again or to collect the money you asked for in the Complaint.
Without prejudice means you can file again about the same issue you put in the Complaint you filed if you need to. If you're dismissing the case because your tenant moved out and they owe you money you can check this box because you may want to file to collect the money you asked for in the Complaint.
Without prejudice and with the court retaining jurisdiction is used in certain circumstances for the court to be able to enforce the terms of a settlement agreement after a case is dismissed. For example, if you and your tenant agree to a settlement where they will pay you money, the case can be dismissed without prejudice and the court still has authority over your case to make sure your tenant pays you.
If you have no more legal issues for the judge to decide in your eviction case you can check the "Entire action of all parties and all causes of action" box. If you're not sure, get legal help to understand these choices.- Notice of Entry of Dismissal and Proof of Service (form CIV-120)
- Don’t file this form if you haven’t served your tenant with your Complaint.
In an eviction case, you may have sued “Doe” defendants (tenants living in your home whose names you don't know) in addition to “named” defendants (the tenants on your rental agreement, for example). Before getting a final judgment the “Doe” defendants need to be dismissed so the judgment is only about the named defendants. There may be other reasons a party needs to be dismissed. Get legal help to see if any of them apply to your case. - Request for Dismissal (form CIV-110)
-
Make copies of the form(s)
Make 2 copies of the completed form(s).
-
File the Request for Dismissal with the court
Bring the originals and copies of the Request for Dismissal to the clerk at the courthouse where the case was originally filed. They will file the forms and return the copy to you. Keep the copy for your records.
You don't have to file the Notice of Entry of Dismissal and Proof of Service now. You need it for the next step.
-
Serve the forms
Have someone 18 or older mail:
- A copy of the filed Request for Dismissal
- A copy of the Notice of Entry of Dismissal and Proof of Service
Your server should then fill out the Proof of Service on page 2 of the original Notice of Entry of Dismissal and Proof of Service.
Make a copy. -
File the Notice of Entry of Dismissal and Proof of Service
File the original and a copy of the Notice of Entry of Dismissal and Proof of Service with the clerk’s office.
Keep the copy of this form for your records, too.
After you’ve completed these steps your case is dismissed (closed). You can’t file any more forms in it.