Q: Eviction dismissed, what's next?
Landlord filed eviction claim, after serving a 3 day notice on January 4th. I was going to be late paying January rent. Not something I am proud of at all but I have been paying late for over a year. Had my hearing today and the eviction claim was dismissed. Short version, magistrate dismissed because there is a documented history of late rent being accepted. LL also confirmed that and that he has wanted to work with me. Magistrate informed the LL, that he will have to give me a notice in writing stating that the rent will no longer be accepted late. It will be due the 1st and if not paid, then eviction can be sought against me. My question is, is he able to file an eviction again now, on the January rent and now February's because he wouldn't accept them? Magistrate did not address the rent issue? Also, I filed an answer prior to my hearing today, will that be dismissed?
A: The landlord can refile, provided he stops accepting late rents and gives you notice that rent will due immediately. He can't refile on the basis of the January rent. But, if he took those steps during January and refused to accept late rent in February, he can now refile based upon February's rent.
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