LLF Defeats Tenants’ Motion To Dismiss

LLF Defeats Tenants’ Motion To Dismiss

In a case where tenants refused to pay for the utility services, the landlord decided to commence a summary process eviction action and the defendants attempted to have the case dismissed. The landlord who had previously served in ineffective notice to quit sought assistance from LLF to address the tenants’ failure to pay for utility services. LLF revoked the improper notice to quit and served the tenants with a proper notice. Tenants, through their attorney, filed a motion to dismiss, claiming the second notice to quit was improper because the lease was never restored. Arguing that revocation of a notice to quit is tantamount to withdrawal a summary process case filed in court, LLF successfully defeated the motion to dismiss the case after briefs and a hearing before the court. Thereafter, LLF obtained a default judgment when the defendants failed to appear in court to further contest their case. Shortly thereafter, tenants tendered their keys to the landlord who could then rent the premises to tenants willing to comply with their lease obligations.