When you involve the judicial process, there’s always the risk of losing an eviction case. Landlords seeking to evict a tenant can decrease those odds by taking preventative steps before they get to an eviction lawsuit. Properly screening prospective tenants, having clear and thorough lease agreements, and providing appropriate notice when eviction is necessary go a long way in keeping you out of court and from losing your eviction case.
Outcomes When a Landlord Loses an Eviction Case
- Tenant is granted the right to stay in the rental unit
- Landlord may be ordered to pay damages to the tenant
- Loss of rental income for the property owner
- Influences the outcome of future eviction disputes
- Lost ability to appeal or refile a claim
- Harm to the landlord’s reputation
What Happens if a Landlord Loses the Eviction Lawsuit?
When a court denies a landlord’s request to evict a tenant, the repercussions can be significant, extending beyond simply losing the case:
- Tenant’s Right to Stay: The tenant is granted the legal right to remain in the property, often continuing under the terms of the existing lease.
- Financial Penalties: The landlord may be ordered to compensate the tenant for damages incurred during the eviction process. This can include court costs, attorney’s fees, and other monetary penalties.
- Difficulty with Future Evictions: The court’s decision can make it harder to evict the same tenant in the future, even if they violate the lease terms.
In the event that the landlord is also found responsible for illegal housing practices, they can face fines or even criminal prosecution and jail time in some states. Examples of illegal eviction practices include shutting off a tenant’s utilities, barring them from the property, and changing the locks before and during eviction proceedings.
Long-Term Consequences:
- Damaged Reputation: A landlord’s reputation can be tarnished within the community and among potential tenants, leading to difficulties finding new renters.
- Financial Loss: The combination of legal fees, compensation to the tenant, and potential vacancies due to a damaged reputation can result in significant financial losses for the landlord.
Given the potential consequences, it’s in a landlord’s best interest to avoid eviction disputes whenever possible. Thorough tenant screening, clear lease agreements, and open communication can help prevent situations that escalate to court. If legal action is unavoidable, consulting with an attorney specializing in landlord-tenant law is crucial to ensure compliance with all applicable laws and regulations.
What Happens if a Tenant Loses the Eviction Lawsuit?
When the court finds in favor of a landlord, the tenant will be served with a writ of possession. This document is typically delivered by a sheriff’s officer and compels the tenant to vacate the property immediately.
Other consequences follow for the tenant:
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Property Disposal/Storage: Depending on state laws, the landlord may be required to:
- Dispose of unwanted items left behind in the rental.
- Leave personal possessions in the rental for a specific period for the tenant to claim.
- Remove and store the tenant’s remaining property at a storage facility for a set period, with the tenant bearing the costs.
- Payment of Court Costs: The tenant may be ordered to reimburse the landlord for court costs and attorney’s fees incurred during the eviction process.
- Outstanding Dues: The tenant may also be required to pay any back rent, property damages, or other expenses as determined by the court.
- Storage Costs: If the landlord is obligated to store the tenant’s belongings, the tenant may have to cover those expenses upon reclaiming their property.
A tenant can choose to appeal the trial court’s decision by filing a document with the local court of appeals. Their appeal should include information on the errors they believe the trial court made when it found in favor of the landlord. In some states, this may delay the execution of the writ of possession until the appeal is heard.
As the landlord, you will have an opportunity to respond to the appeal and present a statement on why you believe the court ruled correctly. The appellate court will review both arguments and either reverse the decision or uphold it. If the judgment for the landlord is upheld, the tenant cannot contest the appellate court’s decision.
Is It Possible To Evict a Tenant Without a Writ of Possession?
In most states, a landlord cannot evict a tenant without a writ of possession issued by the court. A writ of possession is a document granted to the property owner when they win an eviction case. It allows the owner to take possession of the property from the tenant, regardless of the original lease agreement expiration date.
Securing a writ of possession is an important legal step in the eviction process. Attempting to forcibly remove a tenant without this document is illegal in the majority of cases. Landlords who attempt to evict a tenant by force or through a self-help eviction can face expensive fines and criminal prosecution in some states. Attempting a self-help eviction will also hurt your case in court and may prolong the tenant’s ability to stay in the property.
Tips on How To Win an Eviction Case
A landlord’s best strategy for winning an eviction case is to follow the eviction process to the letter of the law. Before initiating eviction proceedings, speak with the tenant to see if the matter can be resolved.
Speak With the Tenant
Evictions are costly, and they take time. Explain to the tenant that you would prefer to settle any issues outside court. Let them know that if they don’t correct the problem immediately, you plan to send a formal eviction notice. If the breach occurs again after a courtesy notice has been given, then you can begin the formal eviction process.
Serve the Tenant With a Formal Notice
Create a notice to quit that clearly spells out the date by which the tenant must leave the property if the issue is not remedied. Check your state’s laws to find out the minimum number of days you are required to provide the tenant to vacate.
File a Complaint
If the tenant doesn’t leave the premises by the deadline, file an eviction lawsuit in court. Include information and evidence that supports your request for possession of the property.
Attend the Hearing
The court will set a hearing date to hear your eviction case. Be sure to bring proof of your claims against the tenant, including:
- Original lease agreement
- Receipts of payment
- Photographic evidence of property damage
- Evidence of illegal activity
Related: What to Say in Court For Eviction
Wait for the Ruling
If the court rules in your favor, you will be issued a writ of possession. A law enforcement officer will deliver the writ of possession to the tenant, remove them from the rental property, and return possession to you. The length of time between securing a writ of possession and eviction is determined by your state’s statutes.
Frequently Asked Questions
Is There a Way for a Landlord to Challenge the Court’s Decision After Losing an Eviction Case?
Yes, either party has the option to appeal an eviction case judgment by having it reviewed by an appeals court.
Does the Losing Party in an Eviction Case Have to Pay Attorneys’ Fees, Court Costs, and Other Legal Expenses?
It depends on your individual state’s laws regarding eviction proceedings. Many states order the losing party to pay the victor’s attorneys’ fees, court costs, and other legal expenses. Some leases include a clause to address this issue directly.
Can a Tenant Sue a Landlord for Wrongful Eviction?
Tenants can sue their landlord for wrongful eviction and recover compensation for damages, have their tenancy reinstated, and receive other remedies as determined by the court.
What Should be Expected at a Landlord and Tenant Hearing for Eviction?
Both parties will be given the opportunity to present evidence to support their case. The court will provide a judgment with damages awarded and a decision regarding possession of the property.
