One of the top questions I receive from do-it-yourself landlords is:
“Can I include water bills in my rent court eviction filing if the tenant signed a lease proving they are responsible for paying for water consumption?”
The short answer is, it usually depends on the judge.
If the case is dismissed without prejudice, the case can be re-filed again paying the fees and court costs as you did with the original filing, for the same period, and exclude water/utilities. If dismissed with prejudice, the case cannot be filed again for this specified period. It all depends on the judge. In our experience, there is a 50/50 risk of dismissal, rarely ever with prejudice (but it's always a risk).
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