Can a landlord stop a summons and compliant in small claims courtregarding aneviction?

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Can a landlord stop a summons and compliant in small claims courtregarding aneviction?

We were served with papers for eviction. Our lease ends this month anyway. We just paid the past due rentbut they still sent an eviction the day we paid rent. Is there a way that the landlord can stop the eviction process and just let us terminate our lease on the 31st as planned?

Asked on March 11, 2012 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, any plaintiff--that is, any person who has brought any legal action, including an eviction action--may voluntarily dismiss the action at any time, simply by contacting the court. (Usually, the landlord needs to send a letter in, rather than just call.) I practice landlord-tenant law, representing landords, and we often dismiss actions when the tenant pays some time after the action was filed but before court.  Therefore, if the landlord tries to tell you that once the action is filed, he/she has no control over it, he or she is either misinformed or lying.


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