currently going threw eviction and the judge threw out the case i reponded to the 5 day notice from the sheriff and was told by the courts a couple of day later the case was threw out bt the judge so im not sure what to do at this point
2006-07-01 05:27:02 · 5 answers · asked by michael_smith244 1 in Business & Finance ➔ Renting & Real Estate
I'd assume the eviction stands unless you have "proof" that the eviction was voided......It is very rare for a judge to do so, because tenant violations are pretty black/white...
Go to the Courthouse w/ your case number and ask for a copy of the Judge's ruling.....
It may have been voided because the Landlord didn't serve/file papers properly....all that means is he has to file/serve them again...
I evicted my tenant w/ the constable present in 19 days - would have been 15 but the court doesn't count weekends...I followed the rules exactly w/ no attorney....I live in Arizona
2006-07-01 05:39:24 · answer #1 · answered by Paula M 5 · 0⤊ 0⤋
Nothing! The case was tossed, so there is no eviction action against you at present! That's the good news!
Now for the (maybe) bad news. What might happen next depends on why the case was thrown out. If it was on a technicality then it's likely that the landlord will re-file.
And now for some (maybe) great news. If the judge tossed it as being entirely without merit or if it appeared to be retaliatory he may have dismissed it with prejudice. If so, your landlord will be barred from raising any of those issues in a future eviction case and may be barred from any eviction action (other than non-payment of rent) for several months. State laws vary on this so proper legal advice would be in order.
You should check with the court clerk as to why it was tossed out. They'll tell you exactly why, and provide copies of any papers for a nominal charge.
Woo Hoo! Always love to hear of the "little guy" getting one over on "The Man"
BTW, ignore the comment below. The eviction can't stand, because there ISN'T one! (OK, yet anyway, but at least you can rest easy for the holiday weekend!)
2006-07-01 05:38:10 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
More info would be useful BUT if the landlord sued for eviction and the judge threw it out, it means the landlord will have to file again (and fix whatever he did wrong the first time) before you will have to move. Usually the judge tells you on the spot when you need to be out.
I'd still be looking for another place to live.
2006-07-01 05:33:27 · answer #3 · answered by Lori A 6 · 0⤊ 0⤋
The fact that the case was thrown out indicates that you are not evicted. If you were at fault (non-payment or non compliance with landlords rules), I would correct that asap. If you were not at fault (they are trying to evict you before your lease is up because they want to rent to relatives,etc.) I would still look for another place at my own convenience, because they will probably just be looking for any reason to try to take you to court again. Good luck.
2006-07-01 05:35:58 · answer #4 · answered by butrcupps 6 · 0⤊ 0⤋
means you don't have to move at this time.
2006-07-01 05:31:25 · answer #5 · answered by dac f 2 · 0⤊ 0⤋