Q: Can my ex-girlfriend avoid eviction and change her mind after dismissal?

A: I think you know the answer, or you wouldn’t be asking the question in the first place. A verbal agreement, in general, is worth the paper that it is written on. Yes she can just change her mind again.

You DO need to serve her however, but so long as you are only looking for eviction and not a money judgment her ignoring the papers served and not being PERSONALLY served should not matter — in MOST courts. But, note the weasel words — you should hire a local attorney to help because each judge is different and you need certainty as you proceed toward trial.

Yes proceed with the case. If she actually moves out before the case is heard that’s fine. But if not it is your ‘back up’.

A: If you decide to dismiss the eviction case, it would likely be dismissed without prejudice, meaning you can start the process again if she doesn't follow through with her promise to vacate. Since she has already acknowledged the 30-day notice and hasn't left, you still have the option to refile if she changes her mind and doesn't move out as promised.

If you choose to dismiss the case now, it doesn't waive your right to file for eviction later if she doesn't leave by the weekend or if she delays again. The dismissal simply stops the current case, but it doesn't prevent you from taking further legal action.

If she fails to move out after the agreed-upon weekend, you can refile for eviction. Keep in mind that the verbal agreements you've made in the past may not hold weight in court, so having written documentation, like the handwritten letter, is helpful in showing her acknowledgment of your request to vacate.