If my landlord who called me today and is trying to evict doesn’t show up in court tomorrow as he said he isn’t, will the court default in our favor?

Asked on September 15, 2015 under Real Estate Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the default will be in your favor, though when the landlord does not show up, it's not called a "default"--it's called a "dismissal." The problem is, it is a "without prejudice" dismissal that means that, unless the underlying issue e.g. nonpayment of rent is resolved satisfactorily, the landlord can re-file the eviction action and try again.

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