QUESTION
If I won an unlawful detainer case with prejudice, can my landlord refile the same case 6 days later? d my landlord refiles 6 days later
Asked on Oct 21st, 2014 on Landlord and Tenant Law - Virginia
More details to this question:
I won with prejudice, my landlord refiled the same Unlawful Detainer suit 6 days later. I went back to court and the new judge found in favor of my landlord. How can my landlord refile the same case when I won with prejudice? I was told that if the landlord wanted to file a new case that he would have to start all over with a new 30 day notice to vacate and bring new evidence or he could put in a motion to vacate judgement or choose to appeal the original case, which he did not do. This was not a failure to pay rent case. The original judge determined that my landlord was running an illegal boarding house ( apparently my landlord was well aware of this because the county zoning commission code compliance had a pending investigation going back several years) and therefore the original contract (lease) was illegal. The judge told my landlord that he could not enforce an illegal contract. The 2nd judge said none of that mattered. Doesn't the landlord have to follow correct procedure
1 ANSWER
1 Award
Without knowing any of the fact of your case regarding why the landlord was trying to evict you, I believe the the second judge is probably right on the substantive law, that is, that whether the landlord was running an illegal boarding house is a separate offense that probably has nothing to do with his allegations against you. BUT you are correct on the procedure. If the first judge dismissed the case with prejudice for whatever reason, even if he was wrong, then that case is done and your landlord should have to start over with a new notice.
Your remedy now would be to appeal the second judge's decision. The judge in the Circuit Court will not care what either of these judges did. It will be a whole new trial. You have 10 days from the date of judgment to note your appeal and if the court sets an appeal bond, you have 30 days from the date of judgment to pay that. Even if there is no bond set, you will still have to pay the write tax within 30 days of the date of judgment.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Oct 23rd, 2014 at 7:36 AM