Do I have to deliver a new 5-day notice if eviction was dismissed and I want to file again?

UPDATED: Oct 1, 2022

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Do I have to deliver a new 5-day notice if eviction was dismissed and I want to file again?

My Foricible Detainer action was dismissed for
lack of service. I want to refile. Do I have to
start all over with a new 5-day notice, or can
I just use the one already delivered and simply

Asked on June 30, 2018 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the reason for dismissal was a non-prejudicial one (that is, one that does not involve a "determination on the merits" as to whether the facts or law warrant eviction), such as lack of service, you do not need to issue a new notice. This type of dismissal was a not a finding that you could not evict based on this notice--only that the papers were not delivered (or not delivered in the proper way) to the tenant.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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