How to Evict a Tenant Legally: Complete Step-by-Step Guide (2025)
Eviction is a legal process that must be followed precisely. Cutting corners can result in delays, dismissed cases, and liability. This guide walks you through every step of a lawful eviction.
Last Updated: December 5, 2025
Step 1: Document the Violation
Before starting eviction, gather evidence of the lease violation or non-payment.
- Keep copies of all signed lease agreements
- Document missed rent payments with dates and amounts
- Take photos/videos of property damage
- Save written complaints from other tenants
- Keep records of any warnings given
- Document communication attempts with tenant
- Collect police reports if applicable
Step 2: Provide Proper Written Notice
Every eviction requires written notice. The type and timing depends on the reason and your state.
- Pay or Quit Notice: 3-14 days for non-payment
- Cure or Quit Notice: 3-30 days for lease violations
- Unconditional Quit: For severe violations (illegal activity)
- Notice to Terminate: For month-to-month leases
- Serve notice properly (personal service, certified mail, or posting)
- Keep proof of service
- Wait full notice period before filing
Step 3: File Eviction Lawsuit
If tenant does not comply with the notice, file an eviction lawsuit (unlawful detainer).
- File in your local court (usually small claims or housing court)
- Pay filing fee ($50-400 depending on location)
- Submit complaint with copy of lease, notice, and proof of service
- Court issues summons for tenant
- Have tenant properly served with court papers
- Typical hearing set 2-4 weeks after filing
- Prepare your evidence and witnesses
Step 4: Attend Court Hearing
Present your case to the judge. Be prepared with documentation and professional demeanor.
- Arrive early and dress professionally
- Bring all documentation organized
- Bring witnesses if available
- Present facts calmly without emotion
- Respond only to questions asked
- Do not interrupt the tenant
- If you win, obtain judgment and writ of possession
Step 5: Enforcement
After winning, the sheriff enforces the eviction. Never attempt self-help eviction.
- File writ of possession with sheriff/marshal
- Pay enforcement fee ($75-200)
- Sheriff posts final notice (usually 24-48 hours)
- Sheriff supervises physical eviction
- Be present to secure property after eviction
- Change locks immediately
- Follow state laws for abandoned property
Timeline Expectations
Eviction timelines vary significantly by state and whether the tenant contests.
- Uncontested eviction: 2-4 weeks typical
- Contested eviction: 1-3 months typical
- Some states: 6+ months in difficult cases
- Notice period: 3-30 days
- Court scheduling: 1-4 weeks
- Post-judgment: 3-10 days for writ enforcement
- Appeals can extend timeline significantly
Frequently Asked Questions
Simple uncontested evictions typically take 3-6 weeks from initial notice to physical eviction. Contested cases can take 2-3 months or longer. Some states with strong tenant protections may take 6+ months for difficult cases.
Court filing fees range from $50-400, plus process server costs ($50-100), and sheriff enforcement fees ($75-200). If you hire an attorney, add $500-2,500 for a simple case. Total costs typically range from $200-3,000 depending on complexity and location.
No. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in all 50 states and can result in significant liability. You must obtain a court order before physically removing a tenant.
If the tenant fails to appear, you may receive a default judgment in your favor. You will still need to obtain a writ of possession and have the sheriff enforce the eviction. The tenant cannot be locked out until this process is complete.
In most states, you can end a month-to-month tenancy without cause by providing proper notice (usually 30-60 days). Fixed-term leases require a reason (lease violation, non-payment) or waiting until the lease ends. Some cities have "just cause" eviction laws requiring a valid reason.
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