Daniel Berlind
Executive ChairmanIn this article
It’s every property manager’s nightmare—the dreaded eviction. Evicting a tenant is a lengthy and costly process that landlords typically initiate when a tenant refuses to pay rent or violates their lease.
Evicting a tenant can be a lengthy, trying process, so we suggest doing everything you can to avoid the often costly eviction process.
In most cases, you must go through the legal system to evict the tenant. The eviction process varies from state to state, so we’re breaking down the basic steps and general state laws and processes—here’s how to evict a tenant.
Quick Insights
- Evictions follow strict legal processes that vary by state, so always check local laws and meet with an attorney before moving forward.
- Common reasons for eviction include unpaid rent, extreme property damage, and lease violations, like unauthorized pets or occupants.
- The eviction process usually involves posting a notice, filing with the court, attending a hearing (if needed), and regaining possession with help from the law.
- A strong tenant screening process is your best way to avoid evictions—credit checks, rental history, fraud detection, and income verification also help prevent evictions.
- Post-eviction procedures matter, too—follow your state’s abandoned property laws, document all damages, and handle security deposit deductions properly.
Reasons You Might Evict a Tenant
At some point, one of your tenants may experience financial struggles or suffer a job loss. While it’s natural to sympathize with them, you’re running a business at the end of the day.
If a resident fails to pay their rent after you send reminders and charge late fees, it’s time to begin the eviction process.
Excessive damage to the property is another legal reason property managers choose to evict. Normal wear and tear is one thing, but if you notice that the unit is destroyed during an inspection or maintenance visit, it may be time to take legal action.
Lease violations are also grounds for eviction. Let’s say a tenant has an unauthorized pet or person residing in the property. Typically, you’ll serve a 3-day notice to cure—the tenant has three days to remedy the issue, or you’ll begin the eviction process.
This type of eviction is less common than others, as most tenants quickly resolve the issue to avoid an eviction on their record.
Steps in the Eviction Process
Despite your best efforts, the renter hasn’t remedied the problem. It’s time to start the eviction process. Remember, every state has different laws dictating the necessary steps and associated fees. Be sure to review those laws and consult an attorney before taking action.
1. Post the Notice
The first step is to post the notice to the tenant, which informs the tenant of the issue, how they can resolve it, and how long they have to do so. The most common notice types are:
A pay or quit notice states that the rent is past due and provides a specific period to pay the past due rent in full, including any late fees. If they don’t pay, they must vacate the property.
A cure or quit notice is served when a tenant violates a lease provision other than the payment of rent, like having a pet, a roommate, or excessive noise. The tenant can fix the problem (generally within a few days of receiving the written notice) or vacate the property.
Both notices are usually 3-day notices—after the three days have passed, you can file with the court. Keep in mind that the three days typically only apply to business days, not weekends or holidays.
In most states, the notice needs to be delivered in a legally accepted manner, like:
- Hand-delivery
- Posting the notice on the door
- Sending it via certified mail
Check your local laws for accepted delivery options. If you fail to follow the correct method, the court can delay or even dismiss the eviction. Plus, some jurisdictions require a proof of service form.
This step typically takes 3-30 days, depending on the notice type and state regulations.
2. File With the Court
Once the notice period has passed, you can file with the court, which typically occurs immediately after the conclusion of the notice period. Check local and state government websites for all necessary forms, documents, and fees.
We strongly encourage you to hire an attorney to guide you through this process, especially if you’ve never gone through an eviction before. And you’ll want to show up prepared to avoid procedural errors, like sending an incorrect service notice or missing documentation.
Not prepared? Your case may be thrown out, and you’ll have to start over.
3. Default Judgment or Go to Trial
After you’ve filed an eviction notice, your tenant has two options. They can ignore the summons or respond. But if they ignore the summons, you can request a default judgment.
In most cases, the judge rules in your favor without having to go to trial (unless the tenant can prove that they missed their summons for a valid reason).
If the renter responds and files an “Answer,” they intend to fight the eviction. The trial will be set once they file a response with the court, typically within the next month. But beware of additional delays that might occur if the tenant files pre-trial motions or requests formal discovery (interrogatories/depositions).
Some potential challenges at this stage include tenants claiming discrimination, improper notice, or retaliation. These can all extend the legal process and complicate your case.
Even if you’re confident you’re in the right, thorough documentation and legal representation are crucial at this stage.
This stage in the process typically occurs 5-30 days after filing, depending on the tenant’s response and the court’s schedule.
4. The Judge Makes a Decision
Once the judge has heard both sides, they’ll make a decision. The judge will either support you, and the tenant will have to vacate the property. Or they’ll side with the tenant, allowing them to remain on the property.
If you win the case, the court will issue a Writ of Possession and the sheriff will post a notice to the tenant. Soon after, the sheriff lockout will take place—a necessary step that involves changing the locks to prevent the tenant from accessing the property.
Only a sheriff or authorized law enforcement officer can carry out the lockout. You cannot do it yourself. The sheriff’s department usually gives the tenant five days after the notice is posted to vacate the property.
The judge can also order your tenant to cover various expenses, like back rent, damages, penalties, attorney fees, and court fees. But if your tenant wins, you may be responsible for covering the costs associated with the case.
And, if the tenant appeals the decision, they may be allowed to remain in the unit during the appeal process, which could extend your timeline by several weeks or months. Judgment is usually made on the day of the trial, but lockout procedures may take another 5-15 days.
How to Prevent Evictions
So, what can you do to prevent an eviction? Implementing a rigorous tenant screening process is your best first line of defense. Your screening process acts as the wall, preventing unqualified, bad tenants from moving into your property.
Make sure you include these crucial steps in your tenant screening process:
- Credit checks
- Background checks (in applicable states)
- Rental history
- Income verification
- Identity verification
These checks confirm that the applicant can pay rent and has a positive reputation as a resident at other properties.
Including fraud detection in your screening process can be a big help, too. Instead of risking a denied application, some applicants alter their financial documents to make it look like they have a certain income or high bank account balances—in reality, they don’t.
Fraud detection platforms like Snappt are designed to catch fake bank statements and pay stubs during the application process, minimizing your risk.
Lastly, make sure you have an ironclad lease agreement. The lease helps the renter understand what’s expected of them and protects you should anything go to court.
Eviction Laws and Processes by State
Before starting the eviction process, check your state’s specific notice periods, required documentation, and legal processes. Find your state and take a look at the local laws and processes you’ll need to follow to evict a tenant.
Alabama
Landlords must start with a written notice to evict a tenant. This is typically a seven-business-day notice to pay rent or fix a lease violation or a seven-calendar-day unconditional quit notice for serious offenses.
Alaska
Landlords must file a Forcible Entry and Detainer (F.E.D.) case in court to legally evict a tenant from a property. The process includes serving the tenant with a Notice to Quit, attending a possession hearing (typically held within 15 days of filing), and, if necessary, a separate damages hearing to resolve unpaid rent or property damage.
Arizona
In Arizona, landlords must start with a proper written notice and wait until the next business day after the notice expires before filing an eviction case in justice court.
From there, you’ll need to serve the tenant with a summons, complaint, lease, and more—at least two days before the court date. If the court sides with you and the tenant doesn’t leave, you must request a Writ of Restitution (usually after five days) to legally regain possession of the property.
Arkansas
Most evictions involve a legal process called an “unlawful detainer,” where a landlord files a case in circuit court to remove a tenant who stays after a lease ends, doesn’t pay rent, or violates lease terms. Once served, tenants only have five days to object.
California
Evictions, or unlawful detainers, follow a strict legal process. You must first serve tenants a written notice—like a three-day pay-or-quit or a 30- or 60-day move-out—before filing in court if the tenant doesn’t comply.
If the case proceeds, tenants can respond and request a trial. Only after a judge rules in the landlord’s favor can the sheriff post a notice to vacate.
Colorado
Depending on the reason, you must serve residents a written notice, ranging from three to 10 days (or five days for exempt agreements), before filing an eviction lawsuit. A judge must issue a court order before a tenant can be legally removed.
Connecticut
The eviction process starts with a notice to quit (giving tenants at least three days to leave) and then moves to court filings if they refuse to vacate. Depending on court schedules, tenant defenses, and appeals, the entire process can take 30-45 days or longer.
Delaware
Eviction requires a court win, serving notices within a specific timeframe (five days for unpaid rent, seven to fix a lease violation, or none if there’s severe damage), and strict process follow-through.
Florida
To start the eviction process, you need to issue a written notice. That includes three days for unpaid rent, seven days to fix a lease violation, or seven days for issues like property damage.
If the tenant doesn’t comply, you can file an eviction lawsuit. A law enforcement officer can then physically remove the tenant once the court gives the green light.
Georgia
Eviction starts with a written notice, which is three days for unpaid rent. For lease violations, landlords can give as much or as little notice as they like before heading to court.
Hawaii
If rent is late, tenants will receive a written five-day notice to pay up. If there’s a lease violation, they have 10 days to fix it. But if there’s a serious threat or damage? Landlords can skip the notice and go straight to court.
Idaho
Landlords can evict renters for reasons like unpaid rent, lease violations, or property damage. You must first provide a written three-day notice to leave, and if the tenant doesn’t comply, you can file an eviction lawsuit.
Illinois
Landlords must first serve a written notice—five days for unpaid rent, 10 days for lease violations, and 30 days for ending a month-to-month lease—before you can file an eviction case in court.
After that, the court schedules a hearing. The sheriff can enforce the eviction if the judge rules in your favor. Rules can vary in cities like Chicago, so double-check local legislation to stay compliant.
Indiana
In Indiana, you have to start with proper notice (10 days for unpaid rent or a “reasonable time” to fix a lease violation). If the tenant refuses, it could end in a court-approved eviction carried out by law enforcement.
Iowa
Eviction starts with a written notice, and the timeline depends on why you want the tenant to leave. For unpaid rent or clear and present danger, you can serve a three-day notice.
For other lease violations, the landlord usually issues a seven-day notice to fix the issue. If the tenant complies but the problem happens again within six months, the landlord can issue a seven-day termination notice without offering another chance to fix it.
After these notices, the landlord must wait and then serve a final three-day notice to quit before filing an eviction lawsuit—called a forcible entry and detainer.
Kansas
Eviction begins with a written notice—three days for nonpayment or 14 to fix a lease violation, followed by a court filing if the issue isn’t resolved.
Landlords must serve legal documents properly, present solid evidence in court, and, if successful, wait for a writ of restitution, which gives the tenant 14 days to move out before law enforcement steps in.
Kentucky
You need to start with a written notice based on the reason for eviction—seven days to pay overdue rent, 14 days to fix a lease violation, or immediate termination after repeat offenses.
Louisiana
In Louisiana, landlords must give tenants a five-day unconditional notice to vacate (excluding weekends and holidays) before filing an eviction lawsuit. Unlike in many other states, tenants don’t get a chance to fix the issue—whether it’s unpaid rent or a lease violation.
If the tenant doesn’t leave, the court process kicks off quickly. Law enforcement serves a rule for possession, followed by a court hearing as soon as three days later.
Louisiana’s eviction timeline is one of the more accelerated ones out there, but only if you carefully follow every legal step.
Maine
If a resident hasn’t paid rent for seven days, landlords can begin the eviction process—called a forcible Entry and detainer—by serving a seven-day notice to quit. This becomes void if the tenant pays in full before it expires.
If the rent remains unpaid, the landlord needs to file four court forms, have them served by a sheriff, and appear at a court hearing. If successful at the court hearing, they’ll receive a writ of possession, giving the tenant 48 hours to leave.
Maryland
Eviction starts with a written notice tailored to each situation—10 days for unpaid rent, 14 days for a threat to people or property, or 30 days for other lease violations.
Massachusetts
Before eviction, you must first serve a written notice to quit—typically 14 days for nonpayment of rent or 30 days for a tenancy-at-will—before filing a court case known as a summary process to evict a tenant legally.
Only after the court issues an execution can a sheriff or constable carry out the eviction.
Michigan
Eviction begins with a notice to quit or a demand for possession; the timeline depends on the reason. Landlords must give seven days’ notice for nonpayment of rent, property damages, or the creation of a health hazard. If illegal drug use is involved, the notice period drops to just 24 hours.
Minnesota
You must give renters a 14-day written notice before filing for eviction due to unpaid rent or other failed financial obligations. After that, eviction moves through the courts, starting with a filed complaint and ending with a writ of recovery (if granted) that formally orders the renter to leave.
Mississippi
Landlords must give a three-day notice for unpaid rent, a 14-day notice to fix lease violations, or, in serious cases, can file immediately with no notice at all.
Missouri
Landlords can file for eviction as soon as a tenant violates the lease or rent’s late. No notice is required for nonpayment of rent, and 10 days is given for lease violations or illegal activity.
Montana
In Montana, landlords must have a legally valid reason to evict a tenant, such as unpaid rent or lease violations. They must also serve specific written notices before heading to court.
Notice periods vary: three days to pay overdue rent, 14 days to fix most lease breaches, and immediate three-day quit notices for serious issues like property damage or threats.
Nebraska
You must give renters a three-day notice for unpaid rent or a 30-day notice (with 14 days to fix the issue) for lease violations.
Nevada
In Nevada, landlords must start with written notice based on the reason for eviction, ranging from a seven-day notice to pay rent to an immediate move-out for serious violations.
Unlike many states, Nevada’s eviction process requires tenants—not landlords—to file with the court first.
New Hampshire
You must have good cause to evict a tenant—whether it’s for:
- Unpaid rent, which requires a seven-day notice
- A serious lease violation, which requires a 30-day notice
- An urgent health and safety concern, which requires a seven-day unconditional notice
Even in cases where the lease has expired, or the tenancy is month-to-month, you still need a legitimate reason to evict. This makes New Hampshire one of the few states where “just because” isn’t good enough.
New Jersey
For most causes, like unpaid rent or lease violations, landlords must give tenants a formal notice to quit. This notice varies from three days for serious issues, like property damage or illegal activity, to one month for consistent late payments.
If the tenant doesn’t leave, the landlord can file a formal eviction lawsuit.
New Mexico
First, you have to issue a specific written notice based on the reason for termination. This ranges from a three-day notice for unpaid rent to a seven-day unconditional quit notice for repeat lease violations—before filing a court case.
If the court rules in your favor, you must wait at least three days before removing any belongings left behind. Anything more risks an illegal eviction claim.
New York
In New York State, the process varies depending on the reason for eviction and whether the unit is rent-regulated.
Some cases—like building demolition or owner occupancy—require prior approval from the Division of Housing and Community Renewal (DHCR). Others—like nonpayment of rent—allow you to head straight to court with the proper notice
Tenants in New York City and eligible areas may also be covered under the Good Cause Eviction law. When in doubt, check your building’s status and always serve the right paperwork.
North Carolina
Eviction is officially called summary ejectment, and it starts when a landlord files a complaint in court—not when they post a notice. No matter the reason, the landlord has to prove their case before a magistrate, and tenants get a chance to defend themselves in court.
Tenants can be served eviction paperwork by sheriff or certified mail and have 10 days after a ruling to appeal. If they don’t appeal, the landlord can request a writ of possession, and the sheriff may return within five days to change the locks. Tenants have 5-7 days to collect belongings after eviction.
North Dakota
Eviction is a fast-tracked legal process that only a state district court order can do. Tenants must receive written notice if they’ve missed rent or violated the lease, and landlords must stick to one of eight legal reasons for eviction. These include not paying rent for three days or disturbing other tenants.
Ohio
Landlords must serve tenants a three-day notice before filing for eviction if there’s a valid reason, like unpaid rent or a lease violation.
Oklahoma
In Oklahoma, you must send a notice before eviction—five days for unpaid rent, 15 to fix lease violations (with 10 days to fix them), and immediate action for dangerous or criminal behavior.
Oregon
Evictions require landlords first to serve specific written notices—ranging from 72 hours to 90 days—depending on the lease type, reason for eviction, and length of tenancy.
Pennsylvania
Landlords must serve tenants with a notice to quit before filing an eviction lawsuit, giving 10 days for nonpayment of rent, 15-30 days for lease violations, and up to 30 days for mobile home park residents, depending on the time of year.
Everything must go through the courts, and landlords have to document notice delivery, complete an official complaint, and hold a hearing before an order of possession can be enforced.
Rhode Island
For unpaid rent, you must wait 15 days before issuing a five-day pay-or-quit notice. For lease violations, it’s a 20-day notice to fix. But if serious criminal activity is involved, you can go straight to court without any notice.
South Carolina
Landlords need to share notices that depend on the reason for eviction. This includes five days to pay overdue rent (unless the lease waives it), 14 days to fix a lease violation, or immediate notice for illegal activity.
South Dakota
To start an eviction in South Dakota, landlords are required to issue the correct type of written notice (three, seven, or 30 days, depending on the reason), file a formal complaint if the tenant doesn’t comply, and serve court documents.
Tennessee
Eviction begins with proper written notice. Notice periods vary, including 14 days for most fixable issues, like rent nonpayment. You’ll need to give a 30-day notice for general lease breaches and three days for severe threats or drug-related activity.
The process only ends when a court authorizes law enforcement to remove the tenant.
Texas
In Texas, you need to provide a written notice to vacate, which is usually three days (unless a lease or federal law requires more). Then, you must file an eviction suit in justice court, where tenants are entitled to a hearing and a jury if requested.
From there, each stage (filing, judgment, possible appeal, writ of possession) comes with waiting periods. Even after a judgment, it takes time—sometimes weeks—before a tenant is legally required to leave.
Utah
Evicting a tenant is a three-step legal process:
- Serve a notice to vacate
- File and serve a summons and complaint
- Obtain and serve an order of restitution
The process varies slightly, whether dealing with unpaid rent, subsidized housing, or mobile home park tenants.
Vermont
Landlords must follow a court-supervised process to evict tenants, starting with a written notice—the notice period varies based on the reason. That includes 14 days for nonpayment of rent and 30-90 days for lease violations or ending a tenancy.
Virginia
Landlords in Virginia must start the eviction process by providing the proper notice. For unpaid rent, it’s five days. And you’ll need to give 30 days to fix curable issues.
But you can take immediate legal action if there’s a serious threat.
Washington
In Washington, you need to first serve three days’ notice to pay or vacate, 10 days to fix a violation, or three days to leave for serious issues with no second chances.
For no-cause terminations, you must give 20 days’ notice on month-to-month leases, while fixed-term leases simply end when they expire. No notice is needed unless the contract says otherwise.
West Virginia
Landlords can skip the written notice and go straight to court if a tenant fails to pay rent, breaks the lease, or damages the property—no warning is required.
But when there’s no legal cause, they must give a 30-day written notice for month-to-month agreements or wait for a fixed-term lease to end (unless the lease says otherwise) before pursuing eviction.
Wisconsin
In Wisconsin, you must start with a written notice depending on the reason for eviction. This ranges from a five-day notice to pay or vacate for missed rent to a 28-day notice to end a month-to-month tenancy without cause.
The type of lease, violation history, and even whether there was police involvement (in drug or gang-related cases), all determine the required notice and timeline.
Wyoming
The eviction process starts with a written notice to quit—typically giving tenants three days to vacate for violations, like nonpayment of rent or breaching lease terms, and up to 30 days for non-renewals.
Once the notice period ends, landlords must file a forcible entry and detainer suit, serve the tenant, attend court, and—if successful—request a writ of restitution to regain possession. This can legally remove a tenant in as little as two days.
Post-Eviction Procedures
Once the eviction is complete and you have possession of the property again, your work isn’t over just yet. You need to take a couple of important steps next, both to protect yourself legally and to prepare for the next tenant.
First, if the tenant leaves belongings behind, you must follow your state’s laws on abandoned property. For example, in California, landlords must store items for up to 18 days and provide written notice before removing and disposing of them.
Whatever process you need to follow, always document everything and take photos for your records.
You’ll also need to assess the property for damage. Beyond normal wear and tear, any repairs should be documented and deducted from the tenant’s security deposit if allowed. Some states, like Florida, require you to send an itemized list of deductions within 30 days.
Frequently Asked Questions
How Long Does it Take to Evict a Tenant?
The eviction process timeline varies depending on your state, but it typically takes a minimum of 30 to 45 days. Since the expiration of the federal eviction moratorium, things have been taking longer.
What’s the Easiest Way to Evict a Tenant?
The easiest way to evict a tenant is to follow your state’s laws and instructions to a tee. Consult an attorney and have all the necessary paperwork ready to go for each step. The more prepared you are, the easier and faster it will be.
How Much Notice Do You Have to Give a Tenant When Evicting?
You must serve the tenant the initial notice to pay or cure and wait the legal number of days (typically three business days). Then you can proceed with filing the eviction.
Here are some tips to make sure tenants don’t overstay their notice.
How Do I Lower Eviction Rates?
A great way to help lower your eviction rates and avoid bad tenants is to have a thorough tenant screening process.
Include steps such as criminal background checks, credit checks, income verification, and rental history references.
Consider implementing fraud detection into your process, too. Applicants who submit fake documents are 7x more likely to result in bad debt or eviction. Yikes.
Don’t worry—platforms like Snappt can detect phony bank statements and pay stubs, catching fraud before it slips past your defenses.
How Do I Avoid Bad Tenants?
Avoiding bad tenants starts with a robust screening process. Your screening process serves as your first line of defense when selecting who will live on your property.
Don’t forget to check their credit, verify their income, and speak to their rental references.
Follow the Eviction Steps Carefully
Navigating the eviction process can be challenging, but it doesn’t have to be. Understanding the specific steps involved in how to evict a tenant is crucial, so make sure to review your state and local laws and consult an attorney regarding any questions you may have.
If your tenant is under Section 8, read our guide on how to evict Section 8 tenants for more specific guidelines.
And remember, the best way to avoid the lengthy eviction process is to create a thorough tenant screening process.
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