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Can ldlord refile after his attorney made a motion to dismiss without prejudice in an unlawful detainer case?Myfuture recourses?

Long Beach, CA |
Filed under: Landlord-tenant

I had left an apt.unit last day before eviction court date and then requested the latest date I could for the next appearance for monetary damages against me.Used repair &deduct remedy for pest infested apt. due to their lack of maintenance and did not pay rent for the following 7 weeks due to Inhabitability.At the second appearance, his witness never showed and he moved to Dismiss WITHOUT Prejudice.I accepted because i had some holes in my position as well due to not requesting the work I did for the Repair/Deduct although 3 weeks of their nonaction is reasonably too long. Can the landlord refile although this is UD?I requested monetary damages in my 'Anwer to Summons/Com.' so did I kill the possibility of collecting ever?Landlord is in Bankruptcy and after 'It' can I file Small Claims?

Attorney Answers 2


I have added Landlord / Tenant to your categories. Generally if a complaint is dismissed without prejudice, the complaint can be refiled if it is still within the statute of limitations. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Ms. Allen, thanks for your answer. I'm assuming that they can refiled for my 'supposed' breach' of the lease agreement but will it now be a Civil suit and what is the length of statute of limitations? Can I no longer collect monetary damages that I included in the Summons and Complaint or will I have to counter- sue or counter claim if he refiles? For the life of me, I couldn't find a lawyer that will represent me without a retainer more than twice what they think I owe because the landlord is technically in bankruptcy.

Adrienne Patricia Allen

Adrienne Patricia Allen


For the details of an unlawful detainer action you will need to speak with an Unlawful Detainer or Landlord Tenant attorney. Good luck to you.


As Ms. Allen has correctly pointed out, the "without" part of a dismissal without prejudice allows the plaintiff to re-file (as long as within the statute of limitations, of course). Further, in the event another lawsuit is filed in the future, I would highly recommend that you consult with an attorney. Best of luck to you.

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