Eviction process: a landlord's step-by-step guide

Lawful eviction is a procedural minefield

Eviction is one of the most procedurally regulated areas of state law. A landlord who skips a step - the wrong notice, the wrong service method, the wrong court - loses the case and starts over. Some skipped steps trigger tenant counterclaims and damages awards.

This is a starting framework. Specific rules vary dramatically by state, county, and even city. Read your local rules carefully or consult a local landlord-tenant attorney.

The general process

**1. Verify the lawful cause.** Common causes: non-payment of rent, lease violation (unauthorized occupants, pets, illegal activity), holdover (lease ended), nuisance. "I want my apartment back" is not lawful cause in most jurisdictions; you need a specific lease breach or notice-period expiration.

**2. Send the proper notice.** Form and content are specified by statute. Non-payment notices often allow 3-14 days to cure (pay the back rent). Lease-violation notices vary widely. Holdover notices follow the lease term. Get the form wrong and the case is dismissed.

**3. Wait out the notice period.** If the tenant cures the breach within the cure period (pays the rent, removes the unauthorized pet), the eviction stops. You start fresh if there's another breach later.

**4. File the eviction lawsuit.** Forms vary by state. Filing fees run $50-$250. The court issues a summons and sets a hearing date, typically 5-30 days out.

**5. Serve the tenant.** Most states require sheriff service or process server. Personal service by you (the landlord) is usually not allowed.

**6. The hearing.** The judge hears both sides. The landlord must prove the cause and that proper notice was given. If the tenant has a defense (uninhabitable conditions, retaliation, discrimination), they raise it here.

**7. Writ of possession.** If the landlord wins, the court issues a writ. The sheriff serves it, the tenant has 24-72 hours to leave, and if they don't the sheriff physically removes them.

Notice periods by state and cause

These are typical (not universal). Verify your state.

**Non-payment of rent:** California 3 days, New York 14 days, Texas 3 days, Florida 3 days, Illinois 5 days.

**Lease violation (curable):** Most states 7-30 days to cure.

**Holdover (lease ended):** Typically 30-60 days advance notice; longer for tenants in the rental over 1-2 years.

**Health and safety / nuisance:** Often 3 days, sometimes "immediate" with expedited court process.

What landlords cannot do (self-help eviction)

Across all 50 states, the following are illegal "self-help" methods even if the tenant has not paid in months:

- Changing the locks while the tenant is out

- Removing the tenant's belongings

- Shutting off utilities (electricity, water, heat)

- Threatening or intimidating the tenant

- Showing up repeatedly or harassing the tenant

Self-help eviction triggers tenant counterclaims (lockout damages, mental distress, attorney fees) that often exceed the unpaid rent. Use the court process even when it feels slow.

Get your case file in order

Advottic organizes your eviction case: lease, rent ledger, photos of property condition, communication log, notice + proof of service, court filings. Bella drafts the notice in your state's format and adds the cure period to your calendar with reminders. Counsel Solo at $59/user/mo for landlords with multiple properties.