How to Handle an Eviction: A Step-by-Step Guide for Landlords

No landlord wants to evict a tenant. It's expensive, stressful, and time-consuming. But when a tenant stops paying rent, violates the lease, or creates unsafe conditions, eviction may be your only option.

The key: do it correctly. An eviction done wrong can be thrown out of court, restart the entire process, and expose you to a countersuit. This guide walks you through the legal eviction process step by step, from the first warning to the final lockout.

Before You Start: Is Eviction the Right Move?

Eviction is the nuclear option. Before you go there, consider whether an alternative resolves the problem faster and cheaper.

[Alternatives](/blog/heloc-alternatives) to Eviction

Cash for keys. Offer the tenant money to leave voluntarily by a specific date. It sounds counterintuitive to pay someone who owes you money, but the math often works out. If eviction takes 2–4 months and costs $3,000–$7,000 in legal fees, lost rent, and court costs, offering the tenant $1,000–$2,000 to leave in 2 weeks can be the cheaper option. Get the agreement in writing, and don't hand over the money until they've returned the keys and you've verified the unit is empty.

Payment plan. If the tenant has a temporary financial setback (job loss, medical emergency) but a history of on-time payment, a written payment plan can recover the owed rent without vacancy. Include consequences for defaulting on the plan.

Lease termination agreement. The tenant agrees to move out by a specific date in exchange for waiving some or all of the unpaid rent. Again, get it in writing.

Mediation. Some cities offer free or low-cost landlord-tenant mediation. A neutral third party helps you reach an agreement without going to court. This works best for lease violations and neighbor disputes rather than nonpayment.

If none of these work—or if the situation is serious enough that alternatives aren't appropriate—proceed with the formal eviction process.

Step 1: Verify Your Grounds for Eviction

You can't evict a tenant just because you want to (unless you're in a jurisdiction without just-cause requirements and the lease has expired). You need a legally valid reason.

Common Grounds for Eviction

Nonpayment of rent. The most common reason. The tenant hasn't paid rent by the due date and any applicable grace period has passed.

Lease violation. The tenant has violated a material term of the lease: unauthorized pets, unauthorized occupants, excessive noise, property damage, illegal activity, or running a business in a residential unit.

Holdover tenancy. The lease has expired, you've provided proper notice of non-renewal, and the tenant hasn't left.

Illegal activity. Drug manufacturing, drug dealing, or other criminal activity on the premises. Many states allow expedited eviction for illegal activity.

Health or safety violations. Hoarding, unsanitary conditions, or tenant behavior that creates hazards for other residents.

Grounds That Won't Hold Up

• Retaliating against a tenant who reported code violations or exercised legal rights
• Discriminating against a protected class
• The tenant being "annoying" without a specific lease violation
• Personal dislike of the tenant

If a court finds your eviction is retaliatory or discriminatory, you'll lose the case and may owe the tenant's legal fees plus damages.

Step 2: Serve the Proper Notice

Every eviction starts with a written notice. The type of notice depends on the reason for eviction and your state's laws.

Types of Eviction Notices

Pay or Quit Notice. Used for nonpayment. Gives the tenant a specific number of days to pay the full amount owed or vacate.

• 3 days: [California](/blog/california-heloc-guide), Florida, Texas, Colorado, Arizona, Nevada
• 5 days: Illinois, Indiana, Wisconsin
• 7 days: Utah, Georgia
• 10 days: North Carolina, Virginia
• 14 days: Vermont, Massachusetts, Washington

Cure or Quit Notice. Used for lease violations that can be fixed. Gives the tenant time to remedy the violation (remove the unauthorized pet, reduce noise, etc.) or vacate.

• Typically 3–30 days depending on the state

Unconditional Quit Notice. Used when the violation is severe enough that no cure is allowed. Common for repeat violations, serious property damage, or illegal activity.

• Typically 3–30 days

Notice of Non-Renewal / Notice to Vacate. Used to end a month-to-month tenancy or decline to renew a lease. Not technically an eviction notice, but if the tenant doesn't leave, it's the first step toward one.

• 30 days in most states; 60 days in some (California requires 60 days for tenants who've lived there 1+ year)

Notice Requirements

The notice must be:

1. In writing. Verbal notices don't count.
2. Specific. State the exact reason, the exact amount owed (for nonpayment), and the exact deadline.
3. Properly served. Most states require personal service (hand delivery) or substituted service (leaving with another adult at the premises) as the primary method. Posting on the door and mailing is usually a backup method. Check your state's requirements exactly.
4. Correctly calculated. The notice period starts the day after service in most states. If you serve a 3-day notice on Monday, day 1 is Tuesday, and the notice expires Thursday.

Common Notice Mistakes

• Wrong notice period. Using a 3-day notice in a state that requires 5 days invalidates the entire eviction.
• Wrong amount. Demanding late fees or other charges that your state doesn't allow in a pay-or-quit notice can void it. Some states require the notice to include only the base rent owed.
• Improper service. Texting a photo of the notice, emailing it, or slipping it under the door may not constitute valid service in your state.
• Accepting partial payment after serving notice. In many states, accepting any payment after serving a pay-or-quit notice waives the notice and restarts the process. If you're going to accept partial payment, consult your attorney first.

Step 3: Wait for the Notice Period to Expire

After properly serving the notice, you must wait for the full notice period to expire before filing in court. If the tenant pays or cures the violation within the notice period, the eviction stops.

During this waiting period:

• Do not change the locks
• Do not shut off utilities
• Do not remove the tenant's belongings
• Do not harass or threaten the tenant
• Do not enter the property without proper notice

Self-help eviction is illegal in all 50 states and can result in significant damages awarded to the tenant—even a tenant who owes you months of rent.

Step 4: File the Eviction Lawsuit

If the notice period expires and the tenant hasn't complied, file an eviction lawsuit with your local court. Depending on your state, this is called an:

• Unlawful detainer (California, Nevada, and others)
• Forcible entry and detainer (Texas, Illinois, and others)
• Summary process (Massachusetts, Connecticut)
• Eviction action (many states)
• Landlord-tenant complaint (various states)

Filing Requirements

• Completed court forms. Available from your local courthouse or online. Include the property address, tenant names, reason for eviction, and amount owed (if applicable).
• Copy of the lease. Attach the signed lease agreement.
• Proof of notice. Attach a copy of the notice with proof of service (affidavit of service, process server receipt, or certified mail receipt).
• Filing fee. Ranges from $30 to $400 depending on the jurisdiction.

Serving the Court Summons

After filing, the court issues a summons that must be served on the tenant. In most jurisdictions, you cannot serve the summons yourself—it must be done by:

• A process server ($30–$100)
• The sheriff's office ($25–$75)
• A neutral third party over 18

The tenant then has a specific number of days to respond (typically 5–15 days).

Step 5: The Court Hearing

If the tenant doesn't respond, you may win a default judgment. If the tenant responds and contests the eviction, you'll have a hearing.

Preparing for Court

Bring:

1. The original lease (signed by all parties)
2. A copy of the notice with proof of service
3. Rent ledger showing all payments and amounts owed
4. Photos of any property damage (if applicable)
5. Written communications (emails, texts, letters) relevant to the dispute
6. Witness information (if applicable, such as neighbors who can testify about lease violations)

What Happens at the Hearing

Eviction hearings are typically short (15–30 minutes) and held before a judge, not a jury. You'll present your case, the tenant presents theirs, and the judge rules.

Common tenant defenses:

• The notice was defective (wrong period, wrong amount, improper service)
• The landlord didn't maintain habitability
• The eviction is retaliatory
• The landlord accepted rent after serving the notice
• The landlord discriminated against the tenant
• The tenant has already cured the violation

If any of these defenses succeed, the eviction is dismissed and you start over—or lose entirely.

If You Win

The court issues a judgment for possession, giving the tenant a specific number of days to vacate (typically 5–14 days, varies by state). The court may also award a money judgment for unpaid rent and court costs.

Step 6: The Writ of Possession

If the tenant still doesn't leave after the judgment, you request a writ of possession (also called a writ of restitution or warrant of removal) from the court. This authorizes law enforcement to physically remove the tenant.

Cost: $50–$200 for the writ, plus sheriff's fees of $50–$150.

Timeline: The sheriff typically schedules the lockout 5–15 days after the writ is issued.

Step 7: The Lockout

On the scheduled date, the sheriff or constable arrives at the property and supervises the tenant's removal. The process typically works like this:

1. The officer posts a final notice or knocks on the door
2. The tenant is given a short time (minutes to hours) to gather essential belongings
3. The officer oversees the tenant's departure
4. You change the locks immediately

Handling Abandoned Property

Tenants often leave belongings behind. Most states require you to:

1. Inventory the abandoned property
2. Store it for a specific period (7–30 days in most states)
3. Notify the tenant in writing of how to claim their property
4. If unclaimed, you may dispose of or sell it (some states require sale proceeds to be applied to the debt)

Do not throw the tenant's belongings in a dumpster the moment they leave. Improper disposal of abandoned property can result in a lawsuit—even after a successful eviction.

Eviction Costs and Timeline Summary

Typical Costs

Total realistic cost of a contested eviction: $5,000–$20,000+ including lost rent.

Typical Timeline

In tenant-friendly jurisdictions (New York City, San Francisco, Los Angeles, parts of New Jersey), contested evictions can take 6–12 months.

Do You Need an Attorney?

You can handle an eviction yourself in most jurisdictions—the process is designed for small claims and landlord self-representation. However, hire an attorney if:

• The tenant has an attorney
• The tenant raises a fair housing or retaliation defense
• You're in a tenant-friendly jurisdiction with complex rules
• You own multiple properties and need to establish efficient processes
• The amount at stake (lost rent, property damage) is significant
• You've never done an eviction before (at least consult for the first one)

Eviction attorneys typically charge $500–$1,500 for an uncontested eviction and $1,500–$5,000 for a contested one. Some offer flat fees; others bill hourly at $150–$400/hour.

After the Eviction: Recovery

Collecting the Money Judgment

A court judgment for unpaid rent doesn't mean you'll actually get the money. Collecting requires additional steps:

• Wage garnishment. If the tenant is employed, you can garnish wages (up to 25% of disposable income in most states).
• Bank levy. You can levy the tenant's bank account if you can identify where they bank.
• Property lien. The judgment creates a lien that attaches if the tenant buys real estate.
• Collections agency. Sell or assign the debt to a collections agency (they'll take 25%–50%).
• Report to credit bureaus. Some judgment recovery services report judgments, affecting the tenant's credit.

Realistically, collecting from evicted tenants is difficult. Many are judgment-proof (no assets, no garnishable income). Consider the money judgment a bonus if you collect, not a certainty.

Preparing for the Next Tenant

Before re-leasing:

1. Document all damage with photos and video
2. Complete all repairs
3. Clean the unit thoroughly (professional cleaning: $200–$500)
4. Change all locks
5. Review your screening criteria—did you miss a red flag?
6. Update your lease if the eviction revealed any gaps

How to Prevent Future Evictions

The best eviction is the one you never have to file.

1. Screen thoroughly. Credit check, background check, income verification, landlord references. Every time.
2. Use a strong lease. Clear terms, clear consequences, specific timelines.
3. Enforce consistently. Send late notices on the first day rent is late (after any grace period). Don't let problems slide.
4. Communicate proactively. Check in with tenants periodically. Tenants who feel ignored are more likely to stop caring.
5. Maintain the property. Tenants who live in well-maintained properties treat them better and stay longer.
6. Address issues early. A 5-minute conversation about a noise complaint today prevents a lease violation next month.

Related Articles

• Emotional Support Animal Landlord
• Eviction Process State Guide
• [Fair Housing Landlord Guide](/blog/fair-housing-landlord-guide)
• [[Handling Difficult Tenants](/blog/handling-difficult-tenants-guide) Guide](/blog/handling-difficult-tenants-guide)
• [Homeowners Insurance Guide 2026](/blog/homeowners-insurance-guide-2026)

FAQs

How long does an eviction take?

Uncontested evictions take 3–8 weeks from notice to lockout in most states. Contested evictions take 2–6 months. In jurisdictions with strong tenant protections (New York City, San Francisco, parts of New Jersey), contested evictions can take 6–12 months.

Can I evict a tenant without going to court?

No. You cannot legally remove a tenant without a court order. Changing locks, shutting off utilities, or removing belongings without court authorization is self-help eviction and is illegal in all 50 states. Penalties include statutory damages, actual damages, and attorney's fees.

What if the tenant pays after I file in court?

In many jurisdictions, the tenant can stop the eviction by paying the full amount owed (rent plus court costs) before the hearing. This is called "paying to stay." Some states allow this only once per year; others allow it multiple times. Your state's laws and the specific grounds for eviction determine whether the tenant can cure after filing.

Can I evict a tenant during winter?

In most states, yes—there's no general prohibition on winter evictions. However, some jurisdictions (parts of Michigan, Wisconsin, and a few cities) restrict evictions during extreme weather. Check your local laws.

How do I evict a tenant without a lease?

The same process applies. A tenant without a written lease is typically considered a month-to-month tenant. Serve the appropriate notice (usually 30 days to terminate a month-to-month tenancy), and if they don't leave, file for eviction. The lack of a written lease doesn't give you extra rights—or fewer obligations.

Can I evict someone for not paying utilities?

If the lease requires the tenant to pay utilities and they fail to do so, it may constitute a lease violation that supports eviction. However, you cannot shut off utilities as a self-help measure. If utility nonpayment affects the property (water shutoff leading to frozen pipes, for example), address it as a maintenance emergency and pursue eviction through proper legal channels.

What happens if I make a mistake in the eviction process?

The eviction gets dismissed, and you start over. This means re-serving notice, re-filing, and re-scheduling a hearing—adding weeks or months to the timeline. This is the most expensive mistake in [property management](/blog/property-management-complete-guide), which is why getting the notice right the first time matters so much.

The Bottom Line

Eviction is a legal process with specific rules at every step. Shortcuts don't save time—they add months. Serve the correct notice, follow your state's procedures, document everything, and consider hiring an attorney for your first eviction.

Better yet, invest your energy in screening and communication so you rarely need to evict at all.