Eviction Process: Everything a Landlord Needs to Know

Eviction laws can vary state-by-state so be sure to check out the Eviction Process by State section at the end of this article.

How Evictions Work

The eviction process begins when the landlord provides the tenant written notice to vacate the property in accordance with the state’s termination statute.

If the tenant doesn’t comply, the landlord can then file a lawsuit to evict and begin the legal eviction process.

State laws determine the requirements to end a rental agreement between landlord and tenant with each state having its own procedures for how to write and deliver (“serve”) termination notices.

Eviction Process From Beginning to End

Here are the general steps involved in the eviction process, however be sure to also look into the eviction process for your specific state which can be found at the end of this article.

Ensure that Your Reasoning for Eviction is Legal and Valid

Here are some examples of common, valid reasons to begin the eviction process:

Failing to pay rent
Violating terms of the lease (such as living with unapproved pets)
Causing excessive damage to the property
Creating health or safety hazards on the property
Breaking ordinances (noise, health, etc.) on a consistent basis

Whatever your situation, you will need to have documented proof in order to move forward with the eviction process.

Having documented proof against the tenant will help you immensely within the courtroom should the eviction process lead to trial.

Present the Notice for Termination

The Notice of Termination is a legal document that conveys to the tenant that they will need to move out of the property by a certain date.

This document is normally the first step in the eviction process but is different from the Formal Eviction Notice which will also be needed.

Termination With Cause

When a landlord has a reason, or “cause”, for wanting to remove the tenant, they can use one of three different types of termination notices:

Pay or Quit Notice: This type of termination notice is normally used when the tenant has not paid rent and, depending on the state, gives the tenant a certain time frame to either pay rent or move out (“quit”).
Cure or Quit Notice: Generally used when the tenant has violated a term or condition of the lease/rental agreement (such as housing unauthorized pets), this type of termination notice gives the tenant a set amount of time to correct, or “cure”, the violation before facing possible eviction.
Unconditional Quit Notice: This termination notice does not give the tenant any chance to pay rent or correct a violation. Generally, this type of notice is only allowed if the tenant has:
- repeatedly violated a significant rental clause
- has not paid rent on multiple occasion
- caused major damage to the property
- engaged in egregious illegal activity on the premises

Termination Without Cause

Normally, a landlord cannot terminate the lease without proper cause.

However, if the tenant is on a month-to-month or shorter-term lease agreement the landlord is able to terminate the tenancy without cause in certain states by simply providing the tenant with the amount of notice required by the state (note: rent control laws in many states do not even allow for termination without cause in these types of situations).

Present the Formal Eviction Notice

The Formal Eviction Notice is a legal document that informs the tenant they must either remedy the issue (pay rent, clean the property, remove the animal, etc.) or move out of the property within a certain period of time which is determined by the state’s termination statutes.

In some cases, just sending the Formal Eviction Notice is enough to motivate the tenant to move out or fix the problem.

On the other hand, if the tenant does not comply, it is time to file the eviction with your local courts.

Formally File for Eviction

Formally filing an eviction involves filing a civil lawsuit with your local court system and allows the landlord to request both possession of the property and delinquent rent payments within a single lawsuit.

Since an eviction filing is a civil suit, the property manager, nor the agent, are allowed to file documents with the courts or appear in court for the property owner.

For more about the formal eviction process, checkout this great resource.

Prepare for the Hearing

In order to prepare for the hearing, you will need to organize all of your necessary documentation.

Here are the main documents you will want to prepare for the hearing:

the lease/rental agreement
any bounced checks from the tenant
records of any and all payments made by the tenant
records of any and all communication between you and the tenant
a copy of the Notice of Termination that was delivered to the tenant
a copy of the Formal Eviction Notice that was delivered to the tenant
proof that the tenant received the Formal Eviction Notice

Be sure to do your own research about your specific situation because there may be other documents that you need to present.

The goal here is to prove that the tenant is guilty, so bring anything you have that you think will help you accomplish this goal.

Evicting the Tenant

If the judge rules in your favor, there will be a court order for the tenant to remove themselves and belongings from the property within a set amount of time.

It is possible that the tenant does not even appear for the hearing, which will sometimes result in the judge automatically ruling in favor of the landlord.

When the case is ruled in favor of the landlord, the judge will give the tenant a certain period of time to vacate the property (usually between 2-7 days) depending on your local laws.

If the tenant has failed to vacate the property within the timeframe given by the judge, it is time to involve the local Sheriff’s department to personally escort the ex-tenant off the property.

Once the tenant has left the property, it is highly advised to change all locks to prevent the person from returning and potentially becoming a squatter.

After the Sheriff has removed the tenant and transferred possession of the property back to the landlord, the eviction process is completed and you are free to do what you wish.

How Much Does an Eviction Cost?

The main costs associated with evicting a tenant include legal fees/court costs, delinquent rent revenue, vacancy loss, and cleanup/repair costs.

According to TansUnion, the average cost of an eviction averages about $3,500 per unit.

How Long Does an Eviction Take?

An eviction can take anywhere between a few weeks to a few months according to Stessa, however in many situations evictions can drag on for many months.

Possible Challenges When Evicting a Tenant

The tenant may decide to mount a defense against your eviction suit which could potentially add months to the eviction process.

In a situation such as this, it is typical for the tenant to find any possible mistake to help their cause.

The tenant may try to claim mistakes with the Notice of Termination, Formal Eviction Notice, or issues with the delivery/receival of these documents in an attempt to delay/dismiss the case against them.

Also keep in mind that the courts will be much less likely to side with a landlord that has a history of neglecting their property, leaving the rental in unsafe or uninhabitable condition.

How to Remove a Tenant After an Eviction

Landlords who win an eviction suit receive a judgment for possession of the property, and possibly an order that the tenant pay any unpaid rent.

However, even if a landlord receives a judgment for possession, it is illegal for the landlord to try to remove the tenant by locking the tenant out or turning off utilities.

Rather, landlords must follow the state and local procedures for the physical removal of tenants. These often require landlords to retain the sheriff or other local law enforcement to carry out the actual eviction.

If the landlord wins the eviction suit they will receive a judgment of possession of the property and will have the right to remove the tenant.

Keep in mind though that it is illegal for the landlord to handle removal of the tenant on their own through means of changing the locks or shutting off the utilities in an attempt to pressure the tenant off the property.

Therefore it is imperative that the landlord follows all state and local procedures when attempting to remove an evicted tenant from the property.

In many states it is even required that the Sheriff or other law enforcement personnel carry out the tenant-removal process.

Removing Abandoned Property After an Eviction

A few states allow landlords to freely dispose of property a tenant leaves behind after moving out, but this is legal only if it is quite clear that the tenant has left permanently, intending to turn the place over to the owner.

In many states, landlords must follow storage and notification procedures.

Typically, you must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee that is charged to the tenant as part of your costs to bring suit.

The sheriff or marshal gives the tenant a notice that the officer will be back within a number of days to physically remove the tenant if the tenant isn’t gone by then.

Dealing with the property left behind by a tenant in the event of an eviction is regulated on a state and local level requiring landlords to follow storage and notification procedures in order to legally rid the premises of abandoned property.

Check out this guide for more information on removing abandoned property after an eviction.

How to Get Past-Due Rent from an Evicted Tenant

Since failure to pay rent on time or at all is a common reason that people are evicted from properties, there are some local courts that will allow you to file for eviction as well as a small claims suit at the same time.

However, if you are not allowed to do this, typically on the court order for the tenant to leave, there will be a component that mentions exactly how much money is owed to the landlord and when it should be repaid (this is called a “judgment”).

If you do not get this money from the tenant, you do have a few options to still get your money.

File a claim in small claims court to get the funds – Use your eviction court order and your judgment that was provided to you during the hearing to get this process started. There is typically another filing fee for you to file with this court.
Garnish their wages – You may be able to take your judgment to their employer so that the garnishments may be made. Some courts require that this comes through them, so you should check with your local laws before doing anything.
Use a private debt collector – The last option is to use a private debt collector to get the funds. You will have to pay them for the services, but they will report the debt to the three major credit bureaus. This also helps other landlords know that this person may not be a good tenant when they run the credit check.

Many courts will allow you to file a small claims suit at the same time as the eviction suit in order to reclaim any unpaid rent.

If this option is not available, there will be a part of the court order that states how much back-rent is owed to the landlord and when it needs to be paid (this is called a “judgment”).

If the tenant does not end up paying the landlord what is owed, there are still some options available for the landlord to collect on these debts:

file a separate claim in small claims court
garnish their wages
use a private debt collector

Help with Evicting a Tenant

If you’re a new landlord or have never been through the eviction process before, it may be best to trust the professionals.

Consulting with an experienced landlord tenant attorney in your area is always a great option for those that feel unprepared for the process of evicting a tenant from a rental property.

Eviction Process by State

Disclaimer: This is not legal advice. You should seek qualified legal counsel for your own situation.