Start My Answer

Can an Eviction Be Reversed?

Melissa Lyken | December 07, 2023

Melissa Lyken
Legal Expert, Paralegal
Melissa Lyken, BS

Melissa Lyken is a senior paralegal and legal-finance content writer with over eight years of professional legal and business experience and a bachelor’s degree in Sociology and Community Studies from the University of California, Santa Cruz.

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: 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, respond in 15 minutes with SoloSuit.

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

File a response to debt collection lawsuits with SoloSuit.

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.


Answer debt collection lawsuits fast with SoloSuit.

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.

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

Guides on how to resolve debt with every debt collector

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

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

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

Guides on 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.

Stop calls from debt collectors

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.

Federal debt collection laws can protect you

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.

Get debt relief in your state

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 collection laws in all 50 states

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 state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

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

How to stop wage garnishment in your state

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 all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

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.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional 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