If Iwas kicked out of an apartment and the case was dismissed in court, can the landlord still try to make me pay them money?

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If Iwas kicked out of an apartment and the case was dismissed in court, can the landlord still try to make me pay them money?

Asked on January 3, 2012 under Real Estate Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were kicked out of your apartment by the landlord and the landlord later filed a lawsuit against you for money owed but the landlord's case was dismissed, whether the landlord can refile his or her action against you for money owed depends upon whether the first action was dismissed "with prejudice" or "without prejudice."

If the case was dismissed "with prejudice" the landord is barred from filing suit against you for the claim that was dismissed. If the first action was dismissed "without prejudice," the landlord can refile against you for the very same claim he or she did before.


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