Can an Eviction Be Reversed? Yes, Here’s How

Receiving an eviction notice doesn’t mean you must leave immediately. You have legal options to fight back and potentially reverse the eviction.

The eviction notice is just the start of a legal process. You can stop or reverse an eviction by taking specific actions quickly.

Common Reasons Landlords File Eviction Cases

Two main types of evictions exist. The first happens when you break your lease agreement.

Common lease violations include:

• Falling behind on rent payments
• Breaking rules outlined in your rental agreement
• Damaging the property beyond normal wear

The second type is a no-fault eviction. Your landlord ends the month-to-month agreement without citing a specific violation.

For lease violation evictions, you have several remedies available. You can pay what you owe, fix the violation, or file a motion to dismiss.

Pay Your Overdue Rent to Stop the Eviction

Paying your rent debt is the simplest way to reverse an eviction. You must pay by the deadline shown on your notice.

After receiving a summons and complaint, you’ll need to pay:

• All rent owed, including rent accruing after the notice
• Interest on the amount owed
• Court filing costs

Court costs include expenses for serving papers and filing fees. Your landlord cannot charge you for their attorney fees or the initial eviction notice.

The law gives you flexibility on payment timing. You can pay at several points in the process.

Pay Before Your Answer Deadline or Hearing Date

Your landlord must serve you with a Notice to Terminate Tenancy first. The notice shows the amount owed and your move-out date.

Paying within the deadline reverses the eviction order immediately. Tenants with daily or weekly rent have seven days to pay.

Always get a written, dated receipt for your payment. Request written confirmation from your landlord that they will dismiss the case.

Bring these documents to your hearing. They provide grounds for dismissal.

Pay Before or On the Eviction Order Date

Can’t gather funds before the hearing? You still have time to reverse the order.

You can pay on or before your scheduled move-out date. You must pay the full amount on the eviction order plus any rent due afterward.

Keep records of your payment. Send payment with tracking and request written confirmation of receipt.

File a Motion to Cancel the Eviction Order after paying. Your motion prevents the Sheriff from evicting you by mistake.

State when and how you made payment in your motion. You must also file an Order form for the judge to sign.

The court may hold a hearing to confirm your payment. Send a copy of the signed order to the Sheriff’s office immediately.

File a Motion to Dismiss the Eviction

You can file a Motion to Dismiss if your landlord didn’t follow proper legal procedures. Our partner Solo helps you respond to eviction lawsuits correctly.

File your motion on or before your answer deadline. You should file a Motion to Dismiss when:

• Your landlord failed to send proper notice to move out
• The Summons and Complaint weren’t served correctly
• You have already paid all rent owed

File your Answer first, then send a copy to your landlord or their attorney. Following all rules helps the judge rule in your favor.

If the judge denies your motion or delays ruling, file your Answer on time. Prepare to appear at trial and explain why dismissal is appropriate.

Example: Karen receives a Summons and Complaint for eviction. She never received an eviction notice beforehand. Karen files a Motion to Dismiss explaining the notice was never properly served. The court dismisses the case. Her landlord must restart the entire eviction process.

How to Reverse an Eviction Judgment

Already have a judgment against you? You can still fight back with a Motion to Vacate Judgment.

File a Motion to Set Aside Judgment if any of these apply:

• Your landlord wrongfully evicted you
• You settled with your landlord after the judgment
• Your landlord failed to provide proper eviction notice

Research your state’s landlord and tenant laws carefully. Document any procedural errors your landlord made during the eviction process.

Notify the court immediately if you were wrongfully evicted. File both a Motion to Vacate and an Order form.

The Order documents whether the judge grants or denies your motion.

Example: Matthew’s landlord files an eviction lawsuit in Texas without proper notice. The landlord skips the required three-day waiting period after serving notice. Matthew doesn’t know he has only 14 days to respond. The landlord gets a default judgment when Matthew misses the deadline. Matthew researches Texas laws and files a Motion to Set Aside Judgment. He explains the improper notice didn’t give him enough time to respond. The court reverses the judgment and Matthew gets another chance.

Understanding Your Rights During Eviction

Eviction notices can feel overwhelming. You have more power than you think to fight back.

Landlords must follow specific legal procedures to evict you. Any deviation from these procedures gives you grounds to challenge the eviction.

Act quickly when you receive an eviction notice. Deadlines are strict in eviction cases.

Document everything in writing. Keep copies of all notices, payments, and communications with your landlord.

Our partner Solo can help you respond to eviction lawsuits and protect your rights. You don’t have to face eviction alone.