SoloSuit

Can an Eviction Be
Reversed?
Melissa Lyken | November 04, 2022

Know the law. Don't let your landlord evict

you.

Summary: If you're in the process

of being evicted, you probably
don't know what to do. Can you
even stop it? Luckily, you can stop
an eviction lawsuit by filing a
Motion to Dismiss if you have
already paid all your rent or your
landlord never properly served you
with an eviction notice or the
Summons and Complaint for the
lawsuit. Alternatively, if an eviction
judgment has already been made
against you, you can try filing a
Motion to Vacate to have the court
order reversed.

Are you currently in the process of being

evicted? Have you already been evicted?
The receipt of an eviction order doesn't
mean a tenant should vacate the house
immediately. On the contrary, it's just the
beginning of the legal process. As a tenant,
there are steps you can employ to stop
the eviction order. Keep reading to find out
what you can do to reverse an eviction.

Here are some common

reasons for eviction
Typically, there are two types of evictions.
The first is when the tenant breaks the
lease by falling behind on rent payments
or violating any of the other agreements in
the lease.

The second is a no-fault eviction, which

occurs when the landlord plans to end the
month-to-month rental agreement or
breaks the lease without cause. For the
first scenario, the tenant has a few
remedies to reverse the expulsion:

Pay rent owed.

Remedy the broken agreement by the
date provided in the notice.
File a motion to dismiss the eviction.

If you're being sued for an old rent,

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Pay overdue rent to reverse the

eviction order
Paying rent owed by the deadline is the
easiest way to reverse the order if you are
a tenant getting evicted for rent arrears. If
you pay the amount after receiving a
summons and complaint, you'd need to
pay:

For the rent owed (including rent

accruing after getting the notice)
Interest on the amount owed
The cost of filing the case

This cost includes expenses incurred when

the landlord served the papers, such as
purchasing the summons and complaint
form and filing them in court. Note the
landlord shouldn't include the cost of
hiring an attorney or serving the eviction
notice. Luckily, the law provides some
flexibility on when you need to pay rent.
You can pay:

On or before the answer or hearing

date
On or before the date on the eviction
order
Before the eviction date
After the eviction date but before the
authorities lock you out

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Pay your rent before the Answer deadline

or hearing
When a landlord wants to evict a tenant,
they'll serve you with a Notice to Terminate
Tenancy. The notice shows the amount
owed, how the amount is calculated, and
the date you're required to move.

If you pay this amount within the deadline

set in the notice, the eviction order is
reversed. Tenants paying rent daily or
weekly must pay within seven days. It's
essential to get a written and dated
receipt for the amount you paid and a
written agreement from the landlord to
dismiss the case. Showing these
documents at the hearing provides
grounds for dismissal.

Pay your rent on or before the date of the

eviction oreder
Let's say you are unable to come up with
the funds by the hearing. You can also
reverse the eviction order by paying on or
before the date you're supposed to move.
In this case, the tenant must pay the whole
amount shown on the eviction order and
the rent due after the eviction order was
served. Since this amount isn't included in
the order, you may need to add it when
paying.

If you send payment to the landlord, make

sure that you have a record of the
payment and request their written
confirmation of receipt.

You should also file a Motion to Cancel the

Eviction Order to prevent mistakes that
may cause the Sheriff to evict you. In your
Motion, you will want to state when and
how you made payment to the landlord.
When you file a Motion, you are also
required to file an Order. The Order form is
the document the judge signs stating that
your motion is granted, and the eviction is
reversed or that your motion is denied.

In this case, a hearing may or may not be

necessary, depending on your court.
However, the court will seek to confirm
that you took the actions stated in the
motion and ensure that you paid enough
to void the eviction order. The tenant must
also send a copy of this order to the
Sheriff's office to avoid eviction.

File a Motion to Dismiss the

Eviction Order
You're probably wondering how to stop
eviction after court order. Another way a
tenant can reverse an eviction order is to
file a Motion for Dismissal. If the landlord
hasn't followed the outlined steps when
issuing the eviction order in court, you can
file a motion to have the case dismissed
before trial. The best time to file the
motion is on or before the deadline to file
the answer shown on the summons. You
may want to file a Motion to Dismiss:

When the landlord fails to send proper

notice to move out.
If the landlord didn't serve you with the
Summons and Complaint properly.
You have paid all the rent owed.

Before you file your motion, file your

Answer and send a copy to the landlord or
their attorney. Once you've followed all the
rules, this enables the judge to rule in your
favor.

However, if the judge fails to promptly

issue a ruling or denies your Motion to
Dismiss, you must still file your Answer on
time and prepare to appear in court on the
trial date. Be sure to highlight reasons you
believe the case should be dismissed.

Let's consider an example.

Example: Karen receives a

Summons and Complaint for an
eviction lawsuit, but she never
received a eviction notice. In
response to the Summons and
Complaint, she files a Motion to
Dismiss where she explains that
the eviction notice was never
properly served. The court
dismisses the case, and Karen's
landlord has to restart the eviction
process from square one.

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Can an eviction judgment be

reversed?
If you've already received a judgment
order in your case, all is not lost. You can
file a Motion to Vacate Judgement (also
known as a Motion to Set Aside Judgment)
to reverse the court's decision if any of the
following apply in your case:

If the landlord wrongfully evicted you

If you've settled with your landlord
If the landlord did not provide you with
the notice or proper notice of eviction

If any of these apply to you, you should file

a Motion to Vacate the judgment. Look up
the Landlord and tenant laws in your state.
Suppose you have reason to believe that
you were wrongfully evicted, or your
landlord did not take the proper action to
evict you. In that case, you should notify
the court of this immediately via a Motion
to Vacate the judgment. If you file this
type of motion, you also need to file an
order. This order will document the judge's
decision stating if they agreed to the
motion or denied it.

Let's take a look at another example.

Example: Matthew's landlord tried

to serve him with a Notice to
Vacate in Texas, but Matthew never
received the notice. Additionally,
the landlord must wait three days
before filing an eviction lawsuit,
but he filed it the same day as the
Notice to Vacate. When Matthew
finds out that his landlord has filed
an eviction lawsuit against him, he
isn't sure what to do. In Texas, you
only have 14 days to respond to
this type of lawsuit, and Matthew
didn't know that. The landlord
requests a default judgment
against Matthew for failing to
respond to the case, and the court
grants it. After doing some
research and investigating Texas
laws, Matthew decides to file a
Motion to Set Aside Judgment
where he explains that he didn't
have enough time to respond to
the lawsuit because of the issues
with the Notice to Vacate. The
court reverses the judgment, and
Matthew has another chance to
fight the lawsuit.

Getting evicted or receiving an eviction

notice can be a terrifying experience if you
don't know what to do. If you've already
been evicted or you are in the process of
being evicted, we hope these insights give
you some steps you can take to reverse
the eviction process.

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