Eviction "dismissed without prejudice"
When researching applicants I review county court records. I've recently had several applicants with eviction cases that were dismissed without prejudice.
Our policy is to not rent to anyone that has ever been served an eviction notice, and they are asked the question multiple times (most lie), so they get turned down anyway, but I really would like to know what this means exactly. I've never been evicted nor have I ever had to evict anyone so I'm unfamiliar with the process.
At the very least, someone with this on their record was served an eviction notice, right? Their landlord actually had to go to court and file an eviction against them? That's the only part I really care about. My assumption is either they moved out before the eviction was finalized or they paid whatever money was due and the landlord dropped the eviction, would that be somewhat accurate explanation of how this "dismissed without prejudice" would appear on someone's record?
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Susan,
You are right: "someone with this on their record was served an eviction notice."
"Their landlord actually had to go to court and file an eviction against them?" Yes.
"My assumption is either they moved out before the eviction was finalized or they paid whatever money was due and the landlord dropped the eviction, would that be somewhat accurate explanation of how this "dismissed without prejudice" would appear on someone's record?" Correct assumption.
As Steven posted above, dismissed without prejudice carries with it the the option for the landlord to bring the charges again if whatever agreement was reached between the landlord and the tenant is not completed.
If your rule is not to rent to anyone with a prior eviction, this person would fall under that rule. Although, I'm sure they have a grand story about how it was not their fault! I have heard some great ones!
Good luck!