Start My Answer

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 your state

Heres a list of guides for other states.

All 50 states.

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court