Motion to Dismiss - Landlord Forum thread

Motion to Dismiss by Diane (FL) on February 6, 2012 @23:35

Can a motion for dismiss replace an answer to a complaint. Landlord files complaint to evict a tenant for possession only. Attorney for tenant files a motion to dismiss, but does not file an answer to the complaint? Doesn't he need to file an answer as well?

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Re: Motion to Dismiss by Bryan (Ia) on February 7, 2012 @00:26	[ Reply ]

Not a LL/T question. Ask your attorney.

Re: Motion to Dismiss

Re: Motion to Dismiss by MrDan (Georgia) on February 7, 2012 @08:59	[ Reply ]

The Attorney file the 'Motion to Dismiss' because you either have no standing to file eviction due to being in Bankruptcy Court or your 'Complaint' was invalid. No answer needed for your complaint as this is a decision for the Court to answer.

Re: Motion to Dismiss by outabout (CO) on February 7, 2012 @12:10	[ Reply ]

Is this the case where the tenant has filed bankruptcy and you are named as a creditor? If so, you can't evict. My ex-tenant filed BK, broke the lease and left. I didn't have to evict but I studied a lot on BK and eviction. The stay created by BK filing applies to eviction as well, meaning that you can't evict until the stay is lifted by discharge. The only exception is if the LL has ALREADY the eviction granted by the court, and the T is still in the property, LL can proceed. However, LL doesn't have to wait for entire BK proceeding, the court recognize the LL's hardship. LL needs to go to Bk court to petition to lift the stay just for eviction. This is usually granted within a couple weeks, way before the discharge. This is probably why the dismiss was filed now by T's attorney. You should be careful not be held as contempt of BK court. You can research internet, that's where I got my information.