Q: Another question regarding my eviction dismissal..
Landlord filed for eviction Jan. 10. Case continued until Feb. 6th. Landlord declined payments. Went to court Feb 6th. Magistrate dismissed the eviction claim because there has been a history of accepting late payments by the landlord. Landlord admitted it and I have all my receipts. He was told by the magistrate that he had to give me notice that late payments will no longer be accepted. I received that notice on Feb 8th. Also on Feb 6th, I sent a 30 day notice that I will be vacating the property. I'm month to month. That was received by the landlord on the 8th. Today, Feb 11th. I have received another 3 day vacate notice. Can the landlord refile for eviction? Even if the next month's rent isn't due yet? "Future nonpayment" would mean March, correct? Magistrate gave dismissal on Feb 6th and ordered landlord to provide that notice in writing.
A: Yes, the landlord is permitted to refile the complaint for eviction for future nonpayments. The dismissal would only cover the prior eviction. If you do not pay timely in the future, the landlord can file again.
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