What Happens if a Tenant Wins an Eviction Lawsuit?

George Simons | October 19, 2022

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Did you have tenant who won an eviction lawsuit you filed against them? Find out what to do now.

When you rent your property, you expect the tenants to treat the space with the respect it deserves and adhere to the lease agreement. Unfortunately, this is not always the case. Some tenants will knowingly break the lease agreement terms, leaving you with no choice but to pursue eviction.

There are various reasons why a landlord may want to evict a tenant. Examples of such reasons include:

  • lease violations;
  • property damage;
  • defaulting on rent;
  • illegal activity on the premises.

But what happens if you file for eviction and the tenant wins the lawsuit?

Ideally, many landlords file an eviction lawsuit with the confidence that they will win and evict the tenant from their property. But, unfortunately, this is not always the case. Tenants who win eviction lawsuits may be allowed to stay at the property.

Tenants can win an eviction lawsuit if:

  • they prove to the court that they didn't break the lease agreement;
  • the landlord didn't follow eviction notice guidelines;
  • the property is in bad condition due to negligence by the landlord, justifying the need to withhold rent until the renovation of the property is complete.
  • the eviction is due to discrimination or illegal reasons.

Respond to a debt collection lawsuit in 15 minutes with SoloSuit.

Reasons why a landlord may lose an eviction case

Below are some of the most common reasons why a landlord may lose an eviction case:

1. Failing to settle out of court

If you intend to evict a tenant, you must inform them about your intentions and explain the reasons. Filing an eviction lawsuit takes time, costs money, and is stressful. In addition, if you go ahead and file an eviction lawsuit at a tenant-friendly court, the judge may decide to rule in favor of the tenant because you didn't give the tenant a chance to correct their mistake.

2. Failing to follow eviction notice guidelines

If a landlord fails to follow eviction guidelines as the law requires, they can easily lose the eviction lawsuit.

3. Accepting partial payments from tenants

When a tenant defaults on their rent, don't accept any money from the tenant unless they pay in full. Only accept partial rent payment if you don't intend to evict the tenant. Otherwise, you lose the right to evict a tenant if you accept a partial payment from them.

4. Lack of a legal reason to evict the tenant

A tenant can win an eviction lawsuit if there's no legal reason to evict them. For instance, if a landlord files an eviction notice because they don't like how the tenant decorates their house, the court may rule in favor of the tenant. This is because the law doesn't permit landlords to dictate how tenants decorate their property unless it violates the lease agreement.

Use SoloSuit to make your defense and win in court.

What will happen if a tenant wins an eviction lawsuit?

A tenant winning an eviction lawsuit means that they have the right to continue staying at your property, and you have no right to evict them. If a judge rules in favor of a tenant, here's what may happen:

  • The court may order the landlord to pay the tenant's legal fees.
  • The court may ask the tenant to change their living environment.

Suppose you disagree with the outcome of the case. In that case, you can request a review. If your request is accepted, the court will schedule another hearing. On the other hand, if the court denies your request and the tenant continues to break the terms of your lease, you'll need to restart the eviction process then re-file the eviction lawsuit.

Is it possible to evict a tenant without a writ of possession?

It's illegal for a landlord to evict tenants from their premises without a court order. Even if a landlord has a legal reason to evict a tenant, they can't forcefully remove a tenant from their rental unit without a court's approval.

If a tenant has broken the terms of the lease agreement, the best thing to do is to send them an official eviction notice. After that, the tenant may either decide to leave the property willingly or choose to stay if they don't agree with the legality of the eviction notice.

If a tenant declines to leave your property after you've sent them an official eviction notice, you can go ahead and file an eviction lawsuit against them. It'll be up to the judge to decide the case's outcome.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources


It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started


Contents

Affordable Legal Help
Trustpilot

Respond to Your Debt Lawsuit

Get your professionally reviewed Answer in minutes. No expensive lawyers needed.

loading...
Get My Answer
Affordable Legal Help
Trustpilot

Respond to Your Debt Lawsuit

Get your professionally reviewed Answer in minutes. No expensive lawyers needed.

loading...
Get My Answer
loading...
Get My Answer