Eviction dismissed with prejudice

NC · Member since 2019 · 38 posts · 16 votes

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 !

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Greg H.Pro Member

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Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes

@Latonya Hinton

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

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Craig Jeppesen
Rental Property Investor · Chubbuck, ID · Member since 2018 · 532 posts · 466 votes
6y
Originally posted by @Latonya Hinton:
@Craig Jeppesen thank you ! I plan to do so

Good luck. I hope it worked out for you today.
1 Reply
Latonya Hinton
OP
NC · Member since 2019 · 38 posts · 16 votes
6y
@Judy P. I live in an apartment. Thank you !
0 Reply
Latonya Hinton
OP
NC · Member since 2019 · 38 posts · 16 votes
6y
@Craig Jeppesen thank you ! It did
0 Reply
Zachary Collins
Denver, CO · Member since 2017 · 33 posts · 15 votes
6y
@Latonya Hinton
“I don’t think anyone would pay if they didn’t have to”
You entered into a contract with someone to rent their property.
You violated that contract, and haven’t paid them per your agreement / word.
They took you to court.
You think it’s okay to not pay them? You definitely will still have to, but regardless of legality you’re okay with that?
1 Reply
Latonya Hinton
OP
NC · Member since 2019 · 38 posts · 16 votes
6y
@Zachary Collins I paid them today. Thank you !
1 Reply
Judy Parker
Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
6y
Originally posted by @Latonya Hinton:
@Judy P. I live in an apartment. Thank you !

As I stated, you are living in someone's "home." It's not your home (apartment). It belongs to the Landlord.

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Latonya Hinton
OP
NC · Member since 2019 · 38 posts · 16 votes
6y
@Judy P. Ok thank you
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Albert Ng
Rental Property Investor · San Jose, CA · Member since 2015 · 401 posts · 221 votes
6y
@Latonya Hinton
If you don’t plan to stay there long, keep paying rent on time, and you are fine. However, if you plan to stay there for a while, I would recommend normalizing the relationship & get on the good side with your landlord. A phone call or a quick text apologizing about creating all the headache for your landlord might come a long way.
The smart landlord keep his tenants happy, and the smart tenants keep his landlord happy. Technically, you can call the landlord asking for repairs each time the light bulb burn out, but he can also come back and raise your rent to the max allowed when it time to renew the lease. Most landlord would be happy to rent their place a bit below market in exchange for a good, trouble free tenants. It’s a win win for both size.
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Account Closed
Specialist · San Antonio, TX · Member since 2012 · 865 posts · 351 votes
6y
@Latonya Hinton so you paid up today:)
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Henry Lazerow
Real Estate Agent · Chicago, IL · Member since 2017 · 2k+ posts · 2k+ votes
6y
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Marvin Tu
Homeowner · EASTVALE, CA · Member since 2014 · 7 posts · 5 votes
6y
@Brian R. Well said and very informative !
Simply put in common sense, when owing landlord past due rents, don’t think you can get away with it because the court permits so. It’s you who want to be on good terms with the landlord, not the judge. Rectify your past mistakes by getting current with your rent and make sure no negative marks are left on your credit due to this one time incident.
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Michael Noto
Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
6y
These would have been good questions for the judge. No one on this forum knows the specifics of what happened, I would ask the court the same questions you are asking here.
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Julie N.
Real Estate Investor · Unionville, CT · Member since 2016 · 260 posts · 167 votes
6y
@Latonya Hinton I would do what’s right and pay what is owed. Next month if you don’t pay - you can be sure the landlord won’t be leaving the room.
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Kyle Jones
Flipper/Rehabber · Douglasville, GA · Member since 2016 · 83 posts · 63 votes
6y
We don't have to be rude to people folks. I'm not speaking to the entire thread but good grief. She's simply asking a question.
@Latonya Hinton you should consult with an attorney if you can for appropriate advice. I would also secure a mediator when speaking with the landlord. I hope your integrity will convict your heart to do the right thing in this situation and pay your back rent while paying your current obligations as well.
When you don't pay, the owner has to foot the bill until you do.
My last piece of advice would be to get with some free financial counselors that your local government or bank may provide to help get your affairs in order.
1 Reply
Ed B.
Real Estate Investor · Sacramento, CA · Member since 2010 · 292 posts · 103 votes
6y
Let's suppose you're right, that the landlord can no longer ask for rent for the period in question. The landlord has other remedies, such as terminating your lease, and you'll get to look for a new place to live. Will that be worth the time and hassle to you? BTW, I think the judge erred. I've never heard of a judge dismissing something with prejudice under such benign circumstances. The landlord never even presented his case! I most places, the judge would simply dismiss without prejudice, forcing the landlord to have to refile, but he could still do so if he wanted. That's commonly done when the plaintiff doesn't show up.It's even more bizarre the judge ruled this way even though the landlord came to court...was the judge aware of this? Temporarily leaving the courtroom to make a phone call or use the restroom should never result in a dismissal with prejudice
adllhaslhassl to you?
1 Reply
Ed B.
Real Estate Investor · Sacramento, CA · Member since 2010 · 292 posts · 103 votes
6y
Most landlords just want their money.They don't have time for playing games or "doing something funny" as you described fearing. They also don't like evicting. The best approach is always be straight with your landlord, apologize if you get into a financial bind, and state your intentions to catch up, even if it's on a payment plan. As a landlord, I've taken payment plans many times.
1 Reply
Jay Bob
New York, NY · Member since 2019 · 65 posts · 15 votes
6y
@Latonya Hinton
It seems like you have good attention. Moving forward pay on time and work out with the landlord to pay extra every month till you pay the debt. Eventually you want to get your own some days.
1 Reply
Mitesh Patel
Member since 2019 · 2 posts · 0 votes
6y
@Latonya Hinton pay you’re rent on time.
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Mitesh Patel
Member since 2019 · 2 posts · 0 votes
6y
@George Owusu hell ya totally agree. Landlord are people that put there hard earn money to invest and people that don’t pay and make them go to court are 🤬
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Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
6y
@Latonya Hinton
Hi Latonya,
I'm going to give you some advice that might be helpful to you.
Go down to a Temporary Help agency (or a few) and apply for a Temporary Job.
Open a new Savings Account and put ALL of the Temporary Job money into that account (and only that money).
When you have SEVEN MONTHS of Rent saved in that account, think about quiting the temporary work and going back to normal.
Don't spend that money on anything, or tell anyone else about it (secret money) and you should not be in this position again.
Secret Money is best...
Good Luck!
1 Reply
Brent Crosby
Rental Property Investor · Farmington, UT · Member since 2018 · 171 posts · 148 votes
6y
@Latonya Hinton any person may not want to if they didn’t have to, but you agreed to pay when you signed lease. Therefore it would be DISHONEST to not pay regardless of what the court says. To live in a unit without paying is stealing and under no circumstances should a decent person consciously steal. End of story.
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Michael King
Rental Property Investor · Navarre, FL · Member since 2019 · 913 posts · 640 votes
6y
If you pay, you can stay.
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Yava Swearington
Member since 2019 · 1 post · 1 vote
6y
@Latonya Hinton
Sorry to here of this most often but unfortunate situation. Take the good advised of @Mike M. Out of Paradise Valley in Arizona.
We all would like not to pay but being responsible is doing what we agreed to do on paper and verbally.
If u got it pay it. If you don’t but you have a good relationship with the management team go have a talk with them and see if u can work it out. Ex. Payment work out short term. Be prepared.
Or ask for help through friends/family or a church
Work extra hours.
Trust and believe if this is an on going problem or you can’t pay Just move it does not get better with the management.
This should have taken place way before they filed an eviction.
Hope everything work out ( it’s the holidays folks tend to be nicer doing this time of the year.
Keep and good and positive attitude
1 Reply
Storm S.
Real Estate Agent · Santa Barbara, CA · Member since 2016 · 518 posts · 283 votes
6y
@Latonya Hinton don’t seek legal advise from an online forum nobody here knows the specifics of what happened, go talk to a local real estate attorney and get real legal advise
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Tom GimerBusiness Member
DMV · Member since 2017 · 3k+ posts · 3k+ votes
6y
Perhaps something more important came up. If worth the time and effort, the landlord can file a motion to vacate within the statutory period. “With prejudice” doesn’t necessarily mean “it’s over.”
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