Unlawful Detainer Term With Prejudice
Description
How to fill out Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?
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FAQ
'Dismissed with prejudice' means that the eviction case cannot be filed again against the tenant. This outcome signifies that the court found sufficient grounds that either favor the tenant or prevent future similar claims. Understanding this term is essential in navigating rental agreements and tenant rights. If you need clarity on such legal terms, uslegalforms can provide handy resources.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
A tenant in California can absolutely win an unlawful detainer case if they can prove in court that there is no legal ground for the eviction or if the landlord has not followed the correct procedure for the eviction.
So if a case is dismissed without prejudice, the plaintiff may have a limited amount of time in which to re-file the complaint. Once the two-year deadline expires, so does the plaintiff's chance of re-filing the complaint.
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
If you tried to pay the landlord the full amount of rent due, before the Notice to Pay Rent or Quit deadline, but the landlord wouldn't take the money, you may be able to use this as a defense. On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3c and include the date you tried to pay.