Cash-for-Keys: What It Is and How to Do It Right

Cash-for-keys is an agreement: you agree to move out voluntarily by a set date, and in exchange your landlord agrees, in writing, not to file an eviction case against you — or to dismiss one that's already been filed. Sometimes it also includes your landlord waiving some or all of what you owe, or even paying you something to leave sooner.

It generally isn't a legal right, and landlords usually aren't required to offer or accept it. It's a negotiation, and like any negotiation, timing and paperwork both matter.

When it works best

Cash-for-keys is often strongest right after you receive a Notice to Vacate, before your landlord has filed anything in court. Filing an eviction case costs your landlord time and money — court fees, possibly an attorney, and weeks the unit sits empty before they can re-rent it. Offering to leave on a set date, without a fight, can be worth more to them than winning a judgment against you.

It's still worth proposing after a case has been filed but before judgment — you're offering to save your landlord the rest of that time and cost — but in practice your position is usually weaker than it was before filing, and weaker again the closer you get to your hearing date.

The one rule that matters most

Get it in writing, and make sure the writing says the specific thing you need it to say: that the case won't be filed, or will be dismissed. A verbal promise from a landlord or their agent is very hard to rely on later. If they change their mind after you've already moved out, a verbal agreement may leave you with nothing — you'll have voluntarily given up your unit and may still end up with an eviction filing or judgment on your record.

A written agreement should specify, plainly, the exact move-out date you're agreeing to; that your landlord will not file the eviction case, or will dismiss it if one is already filed; whether any amount you owe is being waived, reduced, or stays owed; and whether any money is changing hands, and when.

If a case has already been filed

Keep going to court until the case has actually been dismissed. An agreement between you and your landlord may not stop the case or your court dates on its own. If you miss your hearing, the judge can rule for the landlord by default. Ask your landlord to file the dismissal with the court, and ask the court clerk to confirm that the case was dismissed. If you're not sure, go to the hearing anyway.

How to actually propose it

Propose it directly, in writing — a letter or written message works. NeighborSTAND's cash-for-keys letter tool (under your case) generates a starting draft with these terms filled in, that you can send or hand deliver.

Keep a copy of whatever you send, and keep a copy of whatever your landlord sends back. If they agree over the phone or in person, ask them to confirm it in writing before you rely on it — even a text message restating the terms is better than nothing, though a signed letter is stronger.

What it doesn't do

Cash-for-keys doesn't erase anything that's already happened — if a case has already been filed, dismissal generally ends that specific case, but it doesn't undo the fact that it was filed. It also usually isn't a defense you can raise in court; it's an agreement you make instead of going to court at all. If your landlord won't agree to it, you still have your regular options, including appearing at your hearing and raising whatever real defenses you have.

If you're not sure whether a cash-for-keys offer you've received is a good deal, or you're not sure how to propose one, a legal aid advocate can look at your specific situation — see NeighborSTAND's Resources directory.