[Eviction Process](/blog/how-to-handle-eviction): State-by-State Timeline and Costs

Evicting a tenant is one of the most stressful, expensive, and legally complex challenges landlords face. The process varies dramatically by state—what takes 30 days in Texas can take 6+ months in [California](/blog/california-heloc-guide) or New York.

This comprehensive guide breaks down the eviction process, state-specific timelines, costs you'll face, and critical mistakes that can derail your eviction and expose you to legal liability.

Understanding the Eviction Process

Eviction, legally called "unlawful detainer," is the court-supervised process of removing a tenant who has violated their lease or failed to pay rent. You cannot legally evict a tenant yourself—you must go through the courts.

Self-help eviction is illegal everywhere. That means you cannot change locks, shut off utilities, remove the tenant's belongings, or physically remove the tenant yourself. Doing so exposes you to massive civil liability and potentially criminal charges.

The formal eviction process follows these general steps across all states (specific requirements vary):

Step 1: Proper notice. Serve the tenant with legally required notice to cure the violation (pay rent, stop prohibited activity) or vacate. Notice requirements vary by state and violation type.

Step 2: File eviction lawsuit. If the tenant doesn't cure or vacate within the notice period, file an eviction lawsuit (unlawful detainer) with your local court.

Step 3: Serve the lawsuit. The tenant must be properly served with the lawsuit per state requirements (often by process server or sheriff).

Step 4: Wait for tenant response. The tenant has a specific period to respond to the lawsuit (answer). If they don't respond, you can request a default judgment.

Step 5: Court hearing. If the tenant contests the eviction, you'll have a court hearing where both sides present evidence. Bring your lease, payment records, notices, and any evidence of [lease violations](/blog/dealing-with-problem-tenants).

Step 6: Judgment. If you win, the court issues a judgment for possession and potentially for back rent and legal costs.

Step 7: Writ of possession. The court issues a writ of possession ordering the sheriff or marshal to physically remove the tenant if they don't leave voluntarily.

Step 8: Sheriff eviction. The sheriff posts a final notice (often 24-72 hours) then physically supervises the tenant's removal and secures the property.

Each step has specific legal requirements. Missing deadlines, improper notices, or procedural errors can restart the entire process.

State-by-State Eviction Timelines

Eviction timelines vary from 3 weeks to 6+ months depending on your state, violation type, and whether the tenant contests. Here are approximate timelines for uncontested nonpayment evictions in major states:

Fastest Eviction States (3-5 weeks)

Texas: 3-4 weeks. 3-day notice to vacate, quick court hearings, tenant has 7 days to appeal after judgment.

Georgia: 3-4 weeks. Immediate notice (technically no required notice period for nonpayment), quick court process.

Arizona: 3-4 weeks. 5-day notice, streamlined court process.

Indiana: 3-5 weeks. 10-day notice, relatively fast court system.

Virginia: 3-5 weeks. 5-day pay-or-quit notice (or 30-day for lease violations), fast court hearings.

Moderate Speed States (6-8 weeks)

Florida: 5-8 weeks. 3-day notice, but court backlogs can extend timelines.

Ohio: 5-8 weeks. 3-day notice, but varies significantly by county.

North Carolina: 6-8 weeks. 10-day notice, moderate court speed.

Tennessee: 6-8 weeks. 14-day notice for nonpayment, 30-day for lease violations.

Pennsylvania: 6-10 weeks. 10-day notice, but court schedules vary widely by county.

Slower Eviction States (2-4 months)

California: 8-12 weeks (longer in some counties). 3-day notice for nonpayment, but strong tenant protections and court backlogs extend timelines. Los Angeles and San Francisco can take 4-6 months.

Illinois: 8-12 weeks. 5-day notice, but Cook County (Chicago) has significant backlogs and tenant-friendly courts.

Nevada: 7-10 weeks. 5-day notice for nonpayment, but Vegas has court backlogs.

Colorado: 8-10 weeks. 10-day demand for compliance, but Denver has extended timelines.

Maryland: 8-12 weeks. 10-day notice, but Baltimore courts are backed up.

Slowest Eviction States (4-6+ months)

New York: 4-6+ months. 14-day notice, but NYC has massive court backlogs and very tenant-friendly laws. Post-pandemic, some NYC evictions are taking 8-12 months.

New Jersey: 3-6 months. 30-day notice for month-to-month, but courts are extremely backed up and tenant-friendly.

Massachusetts: 3-6 months. 14-day notice, but court hearings can take months to schedule, especially in Boston.

[Washington](/blog/washington-heloc-guide): 3-5 months. 14-day notice, but Seattle has strong tenant protections and court delays.

Oregon: 3-5 months. 10-day notice for nonpayment, but Portland has extensive tenant protections.

These timelines assume:

• Proper notice and no procedural errors
• Tenant doesn't contest or contests unsuccessfully
• No appeals or bankruptcy filings
• Normal court schedules (not pandemic backlogs)

Contested evictions, especially those involving counterclaims (tenant sues for habitability issues, discrimination, etc.), can double or triple these timelines.

Eviction Costs Breakdown

Eviction is expensive, even when you win. Here's what to expect:

Notice preparation: $0-$150 if you prepare yourself using state-specific forms. Attorney preparation costs $150-$300.

Court filing fees: $100-$400 depending on state and county. Some states charge more for expedited processing.

Service of process: $50-$150 per attempt. If the tenant is avoiding service, you might pay for multiple attempts or publication service ($200-$500).

Attorney fees: $500-$2,500+ for uncontested evictions depending on complexity and location. Contested evictions can cost $3,000-$10,000+. Some states allow you to recover attorney fees if your lease includes an attorney fee clause and you win.

Sheriff/marshal fees: $50-$200 for writ of possession service and lock-out supervision.

Lost rent: The biggest cost. If eviction takes 3 months on a $2,000/month property, that's $6,000 in lost rent. Judgments for back rent are often uncollectible.

Property damage and turnover: Many evicted tenants leave properties damaged. Expect $1,000-$5,000+ in repairs beyond normal turnover costs.

Vacancy after eviction: Add another 2-4 weeks to clean, repair, and re-rent.

Total realistic cost: Budget $3,000-$10,000 in total costs (legal fees, lost rent, repairs) for a typical residential eviction. Contested evictions in expensive markets can exceed $20,000.

Eviction is so expensive that cash-for-keys (paying the tenant to leave voluntarily) is often cheaper and faster.

Types of Evictions and Notice Requirements

States recognize different grounds for eviction with different notice requirements:

Nonpayment of Rent

Most common eviction type. Notice periods vary:

• 3-day notice: Arizona, California, Florida, Texas
• 5-day notice: Illinois, Virginia
• 10-day notice: Indiana, Maryland, North Carolina, Pennsylvania
• 14-day notice: Massachusetts, New York, Washington

Some states require the notice to offer the tenant a chance to pay (pay-or-quit). Others allow unconditional notice to quit with no opportunity to cure.

Lease Violation

Material violations of the lease (unauthorized pets, illegal activity, property damage, nuisance behavior). Notice periods vary:

• 3-10 day cure-or-quit notice (opportunity to fix the violation)
• 30-60 day unconditional notice for serious violations

No-Cause Termination

Ending a month-to-month tenancy without cause. Requires:

• 30-day notice in most states
• 60-day notice in some tenant-friendly states like California for tenancies over 1 year
• Not allowed during fixed-term leases (must wait until lease expires)
• Some cities ban no-cause evictions entirely (just cause eviction protections)

Holdover Eviction

Tenant remains after lease expiration without signing new lease or converting to month-to-month. Usually requires 30-day notice to terminate tenancy, then eviction if tenant doesn't leave.

Critical Mistakes That Derail Evictions

These errors can throw out your eviction case, forcing you to start over:

Accepting partial rent after serving eviction notice. In many states, accepting any rent payment after serving notice to quit waives your right to evict for that period. You must start the notice process over.

Improper notice service. Each state has specific requirements for how notice must be delivered: personal service, posting and mailing, certified mail, etc. Wrong service method invalidates the notice.

Wrong notice form or missing information. Eviction notices must include specific language required by state law. Generic internet forms often don't comply.

Filing too early. You cannot file the eviction lawsuit until after the notice period expires. Filing even one day early gets your case dismissed.

Evicting in retaliation. You cannot evict because the tenant complained about habitability issues, requested repairs, or exercised legal rights. Retaliatory eviction laws protect tenants.

Violating fair housing laws. Evicting tenants of certain races/religions/family status while not evicting others with similar violations is illegal discrimination.

Self-help eviction. Changing locks, removing belongings, shutting off utilities, or physical intimidation is illegal and exposes you to civil lawsuits for wrongful eviction (damages can be $5,000-$100,000+).

Failing to maintain habitability. If your property has serious habitability issues (no heat, broken plumbing, mold), the tenant can defend against eviction. Fix the property first.

Poor [documentation](/blog/heloc-documentation-requirements). Bring your lease, all payment records, photos of violations, witness statements, and copies of all notices to court. Missing documentation loses cases.

Missing court dates. If you don't appear at your hearing, your case gets dismissed. The tenant doesn't have to leave and you start over.

Cash for Keys: The Alternative

Before starting eviction, consider cash-for-keys: paying the tenant to leave voluntarily.

Offer $500-$2,000 depending on market and property value. The tenant agrees to vacate by a specific date, leave the property in acceptable condition, and sign a settlement agreement releasing all claims.

Why this works:

• Speed: Tenant leaves in 7-30 days, not 2-6 months
• Cost: Often cheaper than eviction costs
• Condition: Tenant is more likely to leave the property in good condition
• Certainty: No risk of legal errors or court delays

Cash-for-keys works best when the tenant is struggling financially but not hostile. It doesn't work for professional scammers or destructive tenants.

Get everything in writing: move-out date, condition requirements, and release of all claims. Pay only after the tenant has completely vacated and you've inspected the property.

After the Eviction

Once you've regained possession:

Change locks immediately. The tenant no longer has legal right to access.

Inventory and store tenant belongings. Most states require landlords to store abandoned property for 15-30 days and make it available for tenant retrieval. Follow state law exactly to avoid wrongful disposal claims.

Document everything. Photograph property condition immediately after tenant vacates, before any cleanup.

Repair and prepare for next tenant. Budget time and money for repairs—evicted tenants often leave significant damage.

Consider the judgment. If you have a judgment for back rent, you can attempt to collect through wage garnishment or bank levies, but most judgments against evicted tenants are uncollectible. Many landlords write it off.

Report to credit bureaus. Eviction judgments appear on credit reports, making it harder for the tenant to rent elsewhere. Some landlords also report through [tenant screening](/blog/best-property-management-software-2026) databases.

Review your screening process. Why did this tenant slip through? Tighten your screening criteria to avoid repeating the same mistake.

Prevention Is Worth 100x the Cure

The best eviction strategy is avoiding bad tenants:

• Comprehensive screening: credit, criminal background, eviction history, income verification, and landlord references
• Income requirement of 3x monthly rent minimum
• No evictions in the past 7 years
• Contact previous landlords, not just current (current might lie to get rid of a bad tenant)
• Start with thorough lease that clearly defines violations
• Address small issues quickly before they escalate
• Build good tenant relationships—communication prevents problems

One eviction costs more than 10+ years of thorough screening reports.

Frequently Asked Questions

Can I evict a tenant without going to court?

No. Self-help eviction is illegal in every state. You must go through the court system to legally evict a tenant, even if they owe thousands in back rent or violated the lease egregiously. The only exception is abandonment (tenant has clearly abandoned the property with no intention to return).

What if the tenant files bankruptcy?

Tenant bankruptcy triggers an automatic stay that pauses all eviction proceedings. You must file a motion with the bankruptcy court to lift the stay before continuing the eviction. This can add 1-3 months to the process. However, if you already have a judgment of possession before bankruptcy filing, many states allow you to proceed.

Can I evict a tenant who has COVID or lost their job?

The federal eviction moratorium ended in 2021. Most state and local moratoriums have also expired. As of 2026, eviction protections for COVID-related nonpayment are largely gone, though some cities still have renter assistance programs that can delay eviction. Check current local rules.

What if the tenant claims the property is uninhabitable?

This is a common defense. The tenant argues you cannot evict for nonpayment when you've failed to maintain habitable conditions. Judges often side with tenants on this. Always maintain your property properly and document all repairs. If the tenant claims habitability issues, get an inspection and make repairs before proceeding with eviction.

Can I evict just one tenant when multiple people are on the lease?

Generally no. The lease is with all tenants jointly. You typically must evict all tenants on the lease. However, if one tenant is engaging in illegal activity and others cooperate, some states allow partial evictions. Consult an attorney for complex multi-tenant situations.

How long does an eviction stay on a tenant's record?

Eviction judgments typically stay on credit reports for 7 years. They appear on tenant screening reports indefinitely unless sealed or expunged. Some states allow tenants to petition for eviction record sealing after a certain period.

Can I refuse to rent to someone with a prior eviction?

Yes, with some limitations. You can have a policy refusing applicants with evictions within the past X years (commonly 3-7 years). However, you must apply this policy consistently to all applicants to avoid fair housing violations. Some cities are limiting eviction record usage in tenant screening.

What if I served the notice wrong?

Start over with proper notice. Improper notice invalidates the entire eviction. If you're unsure about proper service requirements, hire an attorney or process server for the notice. The $150 cost is worth it to avoid restarting a multi-month process.

Can I negotiate with the tenant after filing eviction?

Yes. Many evictions settle before trial. Common settlements include payment plans (tenant pays back rent in installments) or agreed move-out dates. Get any settlement in writing and file it with the court to officially close the case. If the tenant violates the settlement, you can often get immediate possession without a new trial.

Do I need a lawyer to evict a tenant?

Not required in most states for residential evictions, but highly recommended. [Eviction law](/blog/landlord-tenant-law-basics) is complex and procedural errors restart the process. Lawyers typically cost $500-$2,500 for straightforward evictions. Consider this insurance against costly mistakes, especially for your first eviction. Some landlords handle subsequent evictions themselves after learning the process.

Related Articles

• Tenant Screening: The Complete Landlord's Guide
• [[How to Screen Tenants](/blog/tenant-screening-guide) Effectively: A Landlord's Step-by-Step Guide](/blog/tenant-screening-guide)