Eviction is more expensive for you, could take a lot more time if the tenant decides to fight you in court, and the tenant may win the court battle, not you.

I'm in it to win it and there is no stopping me from success!

As Dustin said if it comes in higher there's no added costs just bonus equity.

Even if it’s non-conforming there is always an appeal processes to get a variance and if you talk the them in the right way they can give you a good sense of what your chances are of winning the appeal. 

It was a win-win for both of us.

I learned a few things early-on...1.) don't be greedy - it never helps you win and brings you down more than it helps you grow.2.) be clear about your intentions up front. 3.) give back in some way when you win.that's it, man. 

Even if you win in court, you may never see the money.

There is income that can be used and some income that cannot be used - things like under the table income, unpredictable 1-time bonuses, etc.

Call it a win and move on. 

You get what you pay for make it a win win don't try and beat up your partners.