My Landlord sent me a 30 day notice to quit. We went to court and it was thrown out because she had not waited 30 days to file the summons with the court. Our court date was only 28 days after the notice to quit was delivered. My question is, does she now have to send a totally different notice to quit, or can she file the summons again, using the first notice to quit?
Landlord / Tenant Lawyer
With the dismissal of the previous case, your tenancy was reinstated. Therefore, the landlord would need to file a new notice to quit (which terminates the tenancy), wait until that notice expires, and then file the summary process summons and complaint. If they do, be sure to file a timely answer and to request a jury trial, if you'd like one (both must be done by the answer deadline on the bottom of the summons and complaint). You may also consider having the case tranferred to Worcester Housing Court, which is a much better place for a tenant to be than the local district courts (this can be done with a simple notice of transfer form, available online).
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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Family Law Attorney
Very interesting question!!! In my very muble opiion, your landlord need only re-file the existing complaint... but it is quite possble I am very in correct on this point.
Best wishes to you!
No attorney-client relatonship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.