Eviction is a legal process through which a landlord removes a tenant from a rental property. However, evicting a tenant is never an easy or desirable process for landlords. It is usually a last resort when all other options have been exhausted. Tenants facing eviction are understandably unhappy about the situation, but landlords also want to avoid unnecessary hassle or legal issues if possible.
Once started though, is it possible for a landlord to cancel or stop the eviction process? In this article, I will talk about the options available to property owners looking to cancel an eviction, both legally and practically. By the end, you’ll have a better understanding of your rights and responsibilities as a landlord faced with potentially canceling an eviction. Let’s get started.
Why Would a Landlord Want to Cancel an Eviction?
Tenant Agrees to Pay All Back Rent/Fees: If the cause for eviction was non-payment of rent, the landlord may be willing to cancel the process if the tenant pays everything they owe in full. Getting current on rent preserves the landlord-tenant business relationship and rental income stream going forward.
Tenant Agrees to Fix Lease Violation Issues: Perhaps the tenant was in violation of the lease terms in some way like having unauthorized pets or repairs that needed to be made. If the tenant commits to resolving the issues that led to the eviction, the landlord may cancel it.
Compassion for Tenant’s Hardship: In some situations, tenants face unforeseen life challenges like job loss, medical bills, or family emergencies that contributed to the lease violation or inability to pay. If a landlord believes this was a one-time issue and shows the tenant compassion, canceling the eviction could be considered.
Eviction Would Leave Unit Vacant: Landlords also don’t want extended periods of a vacant unit not generating rental income. If canceling means the current tenant will stay versus finding a new one, it may be preferable from a business perspective.
When Can a Landlord Legally Cancel an Eviction?
The short answer is – it depends. Legally speaking, a landlord’s ability to cancel or postpone an eviction proceedings depends heavily on where the rental property is located and where the eviction process stands. Landlords should consult their local state and county eviction laws. Here are some conditions that must be met:
Before Filing the Eviction: If you have decided to evict a tenant but have not yet filed any paperwork with the court, then canceling the eviction will be the simplest process. At this early stage, all you need to do is inform your tenant verbally or in writing that you are rescinding the eviction notice and they can remain in the property.
Some landlords at this point might rework or renew the rental agreement with the tenant to address any issues that led to considering eviction in the first place. As long as no legal action has been taken, you maintain full control over canceling the eviction with no involvement from the court system.
Before the Court Hearing: Once an eviction case has been filed with the court, your ability to unilaterally cancel it becomes more limited. You will need to file a motion with the court requesting a voluntary dismissal before the hearing date.
Typically the judge will grant this as long as the tenant agrees and there are no other pending legal issues between you. It’s advisable to have the tenant sign an agreement acknowledging the dismissal. The court may still charge fees for the initial filing that were not refundable.
Having the support of the tenant makes cancelling much smoother at this stage. Without agreement, the case would proceed to the hearing. You could then request dismissal there but the judge has discretion to still rule. Early communication is best.
After a Hearing But Before the Judgment: If the case has gone to the eviction hearing but the judge has not yet issued a ruling (judgment), it remains possible for a landlord to cancel – though with more hurdles. At the hearing, you would need to request a post-hearing dismissal and convince the judge there are legitimate reasons to cancel.
Having a signed agreement with the tenant acknowledging any resolved issues would strengthen your case. However, the judge maintains ultimate authority and is not obligated to grant dismissal if they feel an eviction is still warranted. You also lose leverage once a judgment enters.
Communicating with the tenant and possibly offering incentives could help gain their support for jointly requesting dismissal after the hearing. But at this stage, the outcome is up to the judge’s discretion based on the full case merits and your reasoning for canceling.
After a Judgment But Before the Writ of Possession: Once a judge has officially ruled in favor of the eviction (entered a judgment), your power to unilaterally cancel begins to diminish further. Now you must file a motion to set aside the judgment, which requires compelling arguments as to why the ruling should be overturned.
The threshold is high, and judges are reluctant to undo their own decisions without strong justification. Proving the issues leading to eviction have been resolved with a concrete agreement is essential. You also risk irritation from the court for overturning a judgment they already issued.
If you can show excellent cause and gain support from the tenant agreeing to dismissal, then it may be granted before the physical removal order (writ of restitution) is issued. But at this stage, cancellation power shifts significantly to the judge’s discretion based on the merits of your motion.
After the Writ of Possession Is Issued: Once a writ of restitution has been issued based on the judgment, you have minimal direct ability as the landlord to unilaterally cancel the eviction process. The writ grants authority for the sheriff or constable to physically remove the tenant and their property.
However, the enforcement authority still has discretion and some flexibility. You could request the sheriff halt removal by filing an emergency stay of the writ and new motion to dismiss. This demands even stronger proof that issues are resolved and your prior actions seeking eviction were erroneous or no longer necessary.
Having the tenant also agree dismissal is proper greatly helps. But ultimately the decision resides with whichever judge issued the original judgment based on the compelling nature of your new filing. Cancellation is uncertain at this final stage without very good cause shown.
You may also like to read: Section 8 Eviction Process
How to Properly Cancel an Eviction?
First, you should review the eviction laws in your state to understand the process for canceling an eviction. This is crucial to ensure that both landlord and tenant rights are respected and that the situation is resolved legally and amicably. Here’s a general guide on how to approach this process:
- Communicate with the Tenant: If you’re a landlord and have initiated the eviction process but have decided to cancel it, you must communicate with your tenant. Explain your decision and discuss any conditions related to the cancellation. For example, if you’re canceling the eviction because the tenant has agreed to pay overdue rent, make sure you both understand the terms of this agreement.
- Withdraw the Eviction Notice: If you’ve only served a notice of eviction but haven’t filed it with a court, you might be able to simply withdraw the notice. Inform the tenant in writing that the eviction notice is withdrawn, and keep a copy for your records.
- File a Motion to Dismiss: If the eviction process has already been filed in court, you may need to file a motion to dismiss the case. This usually involves submitting a formal request to the court asking to cancel the eviction proceeding. The specific forms and process will depend on your local court system.
- Attend the Court Hearing: If a court hearing has been scheduled, you should attend the hearing to inform the judge that you wish to cancel the eviction. You and the tenant may need to explain the reason for the cancellation and present any agreement you’ve reached.
- Put Agreements in Writing: Any agreement reached between you and the tenant, such as a payment plan for overdue rent, should be put in writing. This helps prevent misunderstandings and provides a clear record of the agreement.
- Follow Up with the Court: After filing a motion to dismiss or informing the court of the cancellation, follow up to ensure that the eviction case is officially closed. You may need to check with the court clerk a few days after your court appearance or after submitting your motion to dismiss.
- Notify Tenant Screening Services: If the eviction has been reported to tenant screening services, you might need to notify them that the eviction has been canceled. This can help ensure that the tenant’s record is clear, which is especially important if the eviction was filed in error or unjustly.
When Cancelling an Eviction May Not Be Advised
Though eviction is often considered as a last resort to address tenant issues, there are circumstances where proceeding with an eviction is advisable over cancellation. Here are certain scenarios where canceling an eviction might not be recommended:
Repeated Violations of Lease Agreement: If a tenant has consistently violated the terms of their lease agreement despite warnings and opportunities to rectify their behavior, canceling an eviction may only prolong the issue. This could include repeated late payments, causing damage to the property, or engaging in illegal activities on the premises.
Non-Payment of Rent: Financial difficulties can affect anyone, and while it’s important to show compassion, a landlord must also consider their financial obligations. If a tenant has a history of failing to pay rent on time, and negotiations or payment plans have not resolved the issue, continuing with an eviction may be necessary to mitigate financial losses.
Severe Damage to Property: Tenants who cause significant damage to a property beyond normal wear and tear pose a financial risk to landlords. If the damage is extensive and the tenant is unwilling or unable to cover the costs of repairs, proceeding with an eviction can help protect the landlord’s investment.
Illegal Activities: If a tenant is conducting illegal activities within the property, it is crucial to proceed with an eviction to avoid potential legal liabilities and to ensure the safety and well-being of other tenants or neighbors.
Recommended Article: Reasons Landlord Can Terminate Lease Early
Refusal to Leave After Lease Termination: In cases where a lease has naturally ended or has been terminated due to violations, and the tenant refuses to vacate the premises, canceling an eviction would allow the tenant to continue occupying the property unlawfully.
Risk to Community Safety: If a tenant’s behavior poses a direct threat to the safety or well-being of other tenants, neighbors, or the property management staff, proceeding with an eviction is important to maintain a safe living environment. This could include threats of violence, harassment, or other dangerous behaviors.
Learn more about the legal reasons to evict a tenant.
Is It Possible to Cancel an Eviction After Filing? Alternative Options Landlords Should Consider
Even after commencing eviction proceedings, landlords have options beyond full cancellation that can help satisfy requirements while maintaining control over the property:
Request a Continuance with the Court: Postponing a hearing date via a continuance request, especially for ongoing good-faith settlement talks or mediation, is usually within a landlord’s rights. It allows time to resolve matters without dismissing the case entirely.
Voluntary Dismissal with Prejudice: Some courts allow a “with prejudice” dismissal which maintains landlords ability to refile quickly if issues reemerge, without having to restart the entire eviction process from square one.
Convert to Small Claims Lawsuit: Rather than full dismissal, landlords and tenants may consent to converting an eviction case into a monetary judgment action through small claims court, to be resolved through a payment plan.
Enter into a Settlement or Stipulation Agreement: Negotiating a written, legally binding agreement between parties addressing all key points of contention, including repayment terms and deadlines, lease compliance, etc. and filing it with the court in lieu of cancellation provides clarity and assurances.
Pursue Alternative Dispute Resolution: Options like mediation, arbitration, or conciliation Court programs can help address root issues outside of the eviction process through third party intervention and a compromise both find acceptable.
These “off-ramps” prior to a final judgment or writ execution help landlords maintain lawful possession and leverage while exploring feasible resolutions cooperatively with tenants through open communication and good faith efforts at problem solving.
Best Practices for Landlords Considering Cancellation
Open Communication: Establish open and honest communication with your tenant. Understand the reasons behind their situation. This can help in finding mutually beneficial solutions. It’s important to document all communications for future reference.
Seek Legal Advice: Before making any decisions, consult with a legal expert who specializes in landlord-tenant law in your jurisdiction. This ensures that any action taken is in compliance with local laws and regulations, and you understand the implications of canceling an eviction.
Consider Payment Plans: If the eviction is due to non-payment of rent, consider working with the tenant to establish a reasonable payment plan, such as partial rent payment, that allows them to catch up on missed payments over time. Make sure any agreement is documented in writing and legally binding.
Mediation Services: Utilize mediation services to resolve disputes. A neutral third party can help landlords and tenants reach an agreement that satisfies both parties. Mediation can be a cost-effective alternative to court proceedings.
Rental Assistance Programs: Inform tenants about local rental assistance programs. Many municipalities and nonprofit organizations offer financial assistance to tenants struggling to pay rent, which can help prevent the need for eviction.
Review Tenant History: Consider the tenant’s history and behavior. If they have been a good tenant overall, showing understanding and flexibility during a temporary hardship can preserve a valuable tenant relationship.
Update Lease Agreements: Use this experience to review and update your lease agreements. Ensure they include clear terms regarding payment obligations, property maintenance, and the eviction process. This can help prevent similar situations in the future.
Consider Alternative Solutions: Sometimes, offering to end the lease early without penalty, or assisting the tenant in finding a more affordable housing option, can be a more amicable solution for both parties.
Recommended Article: How to avoid wrongful or illegal eviction
Conclusion
At the end of the day, the decision to evict should never be taken lightly. It’s crucial to weigh the costs and benefits for both parties and explore all less drastic options first, such as open communication, payment plans, or mediation. Remember, eviction can be incredibly stressful and disruptive, and by prioritizing cooperation and exploring all available resources, you can work to prevent unnecessary hardship and create more stable housing situations for everyone. If you’re facing any tenant issues, don’t hesitate to reach out to your local housing authority or professional OKC property management for support and guidance. Together, we can find solutions that benefit everyone involved.
FAQs on Canceling an Eviction
Can I change my mind if the tenant stops paying again after canceling?
Yes, cancelling an eviction does not waive a landlord's right to file another one for the same issue later, like unpaid rent recurring. Just be sure to follow proper notice procedures again.
What if the tenant doesn't fulfill their agreement to pay or remedy the violation?
Document all agreements in writing for enforcement. If the tenant breaks the agreement, the landlord has grounds to continue with the original eviction or file a new one depending on timing and location.
What if the tenant refuses to agree to a settlement after eviction was filed?
If an eviction case is actively moving forward in court after a filing or hearing date, the tenant's consent would likely be required in addition to the judge's approval for a formal dismissal or cancellation. The landlord cannot compel the tenant to accept an out-of-court agreement. The eviction would need to proceed absent an agreement both sides consent to.
Can a landlord cancel an eviction and then restart it if issues reoccur?
In general, once an eviction is canceled or dismissed by agreement of the parties or order of the court, landlords should not view it as a way to repeatedly stop and restart the process. Tenants could argue this as harassment. It's best as a one-time resolution unless entirely new events cause future problems independent of the original issues.
Is partial payment of back rent sufficient reason for a landlord to cancel?
Receiving even partial payment of outstanding rent owed by a tenant facing eviction for non-payment is usually insufficient on its own for a landlord to unilaterally cancel without agreeing to modify the lease going forward. Full cure of all rental arrears owed would provide better grounds to argue cancellation to a judge.
What documentation is needed for the court when requesting cancellation?
When petitioning a court to cancel an eviction, landlords should file a formal motion requesting dismissal and provide any supporting documentation of a resolution agreed to with the tenant. This could include a signed payment plan, modified lease terms, letters explaining a tenant's hardship, etc. Courts want to see objective proof cancellation is warranted and in the interests of both parties.
