I was served with an eviction for late payment of rent and we had court December 4th. We both showed up but the landlord stepped out and when the judge called for us she didn’t come back in the room so I was asked how would I like to proceed. Would I like a continuance or to dismiss it and I said dismissal please. So the case got dismissed WITH prejudice. I understand that this now means the case is over and can’t be reopened. The landlord can’t file under the same grounds but what does this exactly mean ? Like do I not have to pay rent for a amount of time ?do I start paying rent again like it never happened? Do we work out some kind of agreement? I have no clue what’s to come next and would like so help and in site please. Thank you !
Fresh start? So you want the landlord to just forgive more than a months rent and just move on like nothing happened? Landlords have bills to pay and mouths to feed as well. You agreed to pay $XX per month and if you wish to stay you should pay
Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
6y
If you want to stay in that property, then I would pay all the back rent and make sure it gets paid on time going forward. If you're late on the rent again, the landlord can file for eviction again as this will be a new event. Don't think you get to live there free. That's theft.
Real Estate Agent · Merritt Island, FL · Member since 2017 · 974 posts · 1k+ votes
6y
@Latonya Hinton - I'm not an attorney and I don't know the specifics of your case. My best guess is that you go back to being a tenant; you are not evicted and "with prejudice" to my understanding is that it cannot be reopened. However, that doesn't mean you get to skate free. You must pay your rent, on time and any past rent caught up......or you will be back in court. And you might not be as lucky next time. This was a fortunate win for you.
@John Teachout thank you for responding to me. I don’t think I get to stay free. I thought that meant that I wouldn’t have to pay back rent ? Only rent moving forward ? Will I have to sign a new lease or anything?
@Tchaka Owen so I have pay past rent as well ? I was under the impression from reaching online that I wouldn’t have to pay any back rent. How do I go about this ? Should I go in with a payment ? Email them and make sure they will expect my payment and not try anything funny ? I have no idea what do to in this situation.
@John Teachout thank you for responding to me. I don’t think I get to stay free. I thought that meant that I wouldn’t have to pay back rent ? Only rent moving forward ? Will I have to sign a new lease or anything?
If you have unpaid back rent it simply rolls over to the next month because the judge did not rule that you don't owe the money. He simply said since both parties weren't there and you probably didn't file a counterclaim, he had nothing to rule on so, it's a dismissal. The landlord can refile, probably will refile and probably will use an attorney this time to do things correctly. That would mean you would have an eviction on your record, have to move and you would still owe the money. If you can't bring the rent current, your best bet is to get an agreement in writing from the landlord that you will move willingly if they will give you a "Hold Harmless" (won't evict or sue). They may choose to do that but they don't have to.
Real Estate Agent · Merritt Island, FL · Member since 2017 · 974 posts · 1k+ votes
6y
You'll have to consult with a local attorney about that - I cannot comfortably tell you something about NC given that I am not aware of local/state laws.
@Mike M. I was at the court. The landlord didn’t show. I am so confused because I thought with prejudice means that the case is closed. Meaning it never happened. I was looking for a fresh start. I’f I offer to make a payment and they take it what does that mean ?
Fresh start? So you want the landlord to just forgive more than a months rent and just move on like nothing happened? Landlords have bills to pay and mouths to feed as well. You agreed to pay $XX per month and if you wish to stay you should pay
Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
6y
@Latonya Hinton if you do a google search for Tenant advocate, or Tenant action, or Tenant union in your area you will come up with a bunch of agencies that can and will help you - probably for free. Do this asap tomorrow morning and get your question answered by those that will know your local laws etc.
@Greg H. I completely understand that. I thought since the case was dismissed with prejudice that I wouldn’t have to pay the money owed and only pay from this month on. And I stay in an apartment by the way. Not a house or anything.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.
In
most jurisdictions, an eviction action is for possession, not for a
monetary award. The landlord could file a separate lawsuit for the
amount of rent he or she believes is owed.
A
dismissal in most cases is ‘without prejudice’, meaning the landlord
could re-file the action. However, if the court orders the dismissal,
then the landlord cannot re-file under the same grounds and facts.
You
do not have to pay the back rent, per se, but if you are residing in
the same property the landlord could file suit again and allege back
rent was not paid (again, it depends on the basis of dismissal). A
dismissal on procedural grounds likely will not bar the landlord from
filing the action again. Thus, in this case, unless you either pay the
rent or you reach an agreement in writing, there is a possibility the
landlord will sue for eviction again.
A
filing is public record. That is, a person can search for the docket
(case) number and name of the parties and will find the case. It can
show up in a credit or housing report as a filed case, but it should
also be reflected as a dismissal. It should not adversely affect your
credit score, but it might. You should request that the credit reporting
agency provide to you a copy of the report and under federal law the
credit reporting agency must investigate and correct any inaccuracies,
usually within 30 days. You should also dispute directly with the
landlord any inaccuracies. I would check your state’s laws to determine
how such credit reports may be used when you search for housing. Many
states do not consider a credit report in housing to be discrimination,
but you should make sure.
My reading of this states that the landlord can't come back and file another eviction case against you for the rent you did not pay for the month he already filed against. However if you don't pay next month, a new case could be filed.
As far as the money owed, you still own the money. The landlord could file a civil suit against you for the money owed, but not evict you.
@Latonya Hinton You are still living there and were living there, so you need to pay the rent you owed. As others said, if you don't pay it, you could find yourself in court.
@Mike M. I was at the court. The landlord didn’t show. I am so confused because I thought with prejudice means that the case is closed. Meaning it never happened. I was looking for a fresh start. I’f I offer to make a payment and they take it what does that mean ?
If they take your payment, that reinstates your agreement with the landlord. Depending on the jurisdiction, and I'm not familiar with the particulars in your city and your case, it would normally mean that you carry on as previously.
However, I wouldn't take the chance. I would call the landlord like an adult and tell them I'm sorry, and that unforeseen events occurred and I'll never let it happen again. Leave it at that. I had one lady tell me she lost it all playing slot machines in a trip to Las Vegas (true story) and I wasn't impressed. She was honest, but not responsible. Don't say anything more than "I won't let it happen again". Ask how much they need to bring everything current, get a cashier's check or cash whichever they prefer and deliver it pronto. If you don't have the money, tell them you will leave willingly and then pack your things. It only goes down hill from here for you if you can't pay them current and you won't leave.
Specialist · San Antonio, TX · Member since 2012 · 865 posts · 351 votes
6y
How late was you? Did you have unwanted guests at property? Was this your first time late?
Most landlords will take the late fee and move on if it’s not to late. If you have been less than fun working with in the past that could be a reason for the attempted eviction. If the landlord will allow you the opportunity to makeup and you desire to stay there be prepared to pay all money owed landlord.
@Joel S. I was late before in the past but I always paid my rent and I was no longer than a week late. I was only late because I missed worked and holidays came up and I had a short check. I wish to stay as it will be easier and cheaper on me right now. I just wanted some insight to know why to expect when I go talk to the landlord tomorrow. If I have to pay I will pay but I didn’t want to pay if I didn’t have to and I think any person wouldn’t want to if didn’t have too.
@Greg H. I completely understand that. I thought since the case was dismissed with prejudice that I wouldn’t have to pay the money owed and only pay from this month on. And I stay in an apartment by the way. Not a house or anything.
I am not from NC, but usually an eviction action is restricted to returning the possession of the property to the landlord (a writ of possession). If the landlord wants to pursue a judgement for unpaid rent or damages that would probably be a separate action.
@Joel S. I was late before in the past but I always paid my rent and I was no longer than a week late. I was only late because I missed worked and holidays came up and I had a short check. I wish to stay as it will be easier and cheaper on me right now. I just wanted some insight to know why to expect when I go talk to the landlord tomorrow. If I have to pay I will pay but I didn’t want to pay if I didn’t have to and I think any person wouldn’t want to if didn’t have too.
Think about it from a landlords Perspective. Why would the landlord want to keep a tenant that did not want to pay the money they owe? The fact is you owe the money. If you wish to stay you need to pay
@Mike M. Oh wow ! I respect her for bringing honest. But that’s Shameful. I was late but paid my rent. I got behind when I had to take time off and holidays came around and my check was short and I had to buy a car to get to work to make money to pay my bills. But I always pay my rent. It was just unfortunate events. Thank you for the information and advice.