[millerter]

Our landlord served a 3 day eviction notice, prior to the end of the month when rent was already paid, stating we had one day, the upcoming first of the month to pay rent, or we would be taken to court. We did not receive a summons, we found out about the court date by calling the court house. The landlord, and ourselves showed up for the eviction hearing, and the judge immediately dismissed the suit, stating that they would have to start all over again. 2 days later we received a new summons, with a new court date in 20 days, but nothing else, no statement of pay up or eviction, etc. When the Judge says their case for eviction was dismissed, and they had to start over, does that only mean for them to get a legal summons this time? Also, the landlord is retaliating against us by theft of utilities that we are paying for, landlord is using for an attatched residence without our authorization, in an empty, locked unit. This includes all the lights on 24hrs per day, as well as heat. All the utilities are in our name. The landlord also turns off our power to get us to answer our door. The power box is attached to our apartment. He does this at night. What are the legal steps after an eviction has been dismissed, and can we counter sue for harrassment/retaliation by the landlord?

[excon]

What are the legal steps after an eviction has been dismissed, and can we counter sue for harrassment/retaliation by the landlord?

Hello miller:

When you answer the suit he has against you, file a counterclaim against him. Be sure to tell the judge EVERYTHING you said here. I think you'll win your part of the suit, and I think he'll win his.

That'll mean you'll have to leave and pay him his rent - LESS whatever the judge thinks HIS violations are worth. Hell, you might even find HIS violations will be MORE than you owe him. That'll be cool.

excon

[Handyman2007]

If you have a utility bill showing the price before these actions of the landlord took place, that may help you. You can call the police and file a complaint for trespassing against the landlord... if that space is actually part of your rental, then he has no right to be there unless it is specified in the lease. Sue for punitive damages as well because of the wasted time on the first so called eviction notice. The judge can make this extremely difficult for the landlord... sometime a judge will allow up to one year for a tenant to vacate... just to "get back" at a crappy landlord,, and should the landlord retaliate in some way, the judge usually fines that pants off them!!