To file an eviction, you serve the tenant a written notice that fits your reason for removing them, wait out the notice period, file a Summons and Complaint with your local housing or civil court, have a third party serve those papers on the tenant, present your evidence at the hearing, and then request a Writ of Possession so law enforcement can carry out the physical removal. Every step is required. Skip one, use the wrong form of notice, or mishandle service, and the case gets dismissed and you start over.
The sequence below walks through each step in the order you’ll actually do them, with the federal rules and procedural traps that most often sink a filing.
Confirm You Have Legal Grounds
A court will not order a tenant out without a legally recognized reason. The most common is unpaid rent. Lease violations beyond rent come next: unauthorized occupants, pets in a no-pet unit, running a business out of a residential space, repeated noise complaints. You will need to point to the specific lease provision being broken, because vague complaints rarely hold up.
Criminal activity on the property, such as drug offenses or serious property destruction, is grounds in every state and often qualifies for an accelerated timeline. Lease expiration is another trigger: when the term ends and the tenant refuses to leave, they become a holdover occupant and you can pursue formal removal. In every case, you need evidence to back the claim before you walk into court.
Check the Federal Rules That Can Block Your Case
Federal protections override state eviction procedures. Running afoul of them exposes you to lawsuits, penalties, and a voided case, so check these before you draft a notice.
Fair Housing Act
You cannot evict a tenant based on race, color, religion, sex, national origin, familial status, or disability. The prohibition covers both the decision to evict and the terms you impose on tenants. Evicting a family with children for noise while tolerating the same noise from adult tenants is the kind of selective enforcement that triggers a discrimination claim.1Office of the Law Revision Counsel. United States Code Title 42 – 3604 Discrimination in the Sale or Rental of Housing and Other Prohibited Practices The Department of Justice has said that landlords who demand sexual favors or create hostile conditions for tenants also violate the Act, and an eviction filed in retaliation for rejecting those advances will not survive.2Department of Justice. The Fair Housing Act
Servicemembers Civil Relief Act
If your tenant is on active military duty, you cannot evict them without a court order, even in states that otherwise allow non-judicial evictions. The protection reaches the servicemember and their dependents when the monthly rent falls below a threshold that adjusts annually for housing-cost inflation. If military service materially affects the servicemember’s ability to pay, the court can stay the proceedings for at least 90 days. Knowingly evicting a protected servicemember without following this process is a federal misdemeanor punishable by up to one year in jail.3Office of the Law Revision Counsel. United States Code Title 50 – 3951 Evictions and Distress
VAWA Housing Protections
Under the Violence Against Women Act, you cannot evict a tenant from federally assisted housing because they are a victim of domestic violence, dating violence, sexual assault, or stalking. The protection extends to denying admission, terminating assistance, or evicting based on criminal activity directly related to abuse committed against the tenant. Covered programs include public housing, Section 8 vouchers, low-income housing tax credit properties, and rural housing assistance, among others.4Office of the Law Revision Counsel. United States Code Title 34 – 12491 Housing Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking5U.S. Department of Housing and Urban Development. Violence Against Women Act (VAWA)
CARES Act 30-Day Notice
The CARES Act requires landlords of “covered dwelling units” to give tenants at least 30 days’ notice before requiring them to vacate for nonpayment. Covered units include properties with federally backed mortgages and those in federal housing assistance programs. As of mid-2026, the Congressional Research Service reports that the 30-day notice requirement remains in effect and available as a tenant defense in a significant portion of the country, though courts have reached inconsistent conclusions and legislation to repeal it has been introduced. If your property has a federally backed loan or participates in a federal housing program, build 30 days into your timeline.6Congressional Research Service. CARES Act Eviction Notice Requirements
Retaliation
Most states prohibit evicting a tenant for exercising a legal right, such as reporting a code violation, calling a health inspector, or joining a tenants’ organization. Some states presume retaliation if the eviction happens within a set window after the protected activity. If a tenant has recently made a complaint to a government agency, document your independent reason for filing before you proceed.
Serve the Correct Written Notice
Every eviction starts with a written notice. Filing a court case without first delivering the right notice is one of the fastest ways to get the case dismissed. The notice tells the tenant what the problem is and, in most situations, gives them a chance to fix it.
Pay-or-Quit
When rent goes unpaid, a pay-or-quit notice tells the tenant to pay in full or move out within a set number of days. The deadline varies widely by state. Some states give as few as 3 days; others allow 5, 7, 10, or 14. The clock typically starts the day after the tenant receives the notice, and weekends or court holidays may not count toward the total depending on your jurisdiction. Using the wrong number of days invalidates the notice.
Cure-or-Quit
For lease violations other than unpaid rent, a cure-or-quit notice gives the tenant a short window to fix the problem. If the tenant has an unauthorized pet, the notice would require them to remove the pet within the stated period. Both the violation and the specific lease clause it breaks should appear in the notice. If the tenant corrects the issue in time, the eviction stops.
Unconditional Quit
Some violations are serious enough that the tenant gets no chance to cure. Drug activity, major property destruction, threats to other tenants’ safety, and repeated lease violations after prior warnings can all justify an unconditional quit notice. The timeframe is usually short, sometimes as few as 3 days, and the tenant has no option to stay by fixing the problem.
How to Deliver It
Delivery matters as much as content. Most jurisdictions require personal delivery, and many also accept certified mail or posting on the door combined with regular mail. Whatever method you use, keep proof. Hand-delivering with a witness, or mailing certified and keeping the receipt, both work. This documentation goes into your court filing, and a tenant who claims they never received the notice can derail your case if you can’t prove otherwise.
Prepare and File the Complaint
Once the notice period expires without resolution, the court phase begins. The lawsuit requires two documents: a Summons and a Complaint. You can usually get the forms from the clerk of your local housing or civil court, or download them from the court’s website.
The Complaint should include:
- The full names of all adult tenants on the lease
- The property address
- The grounds for eviction
- A clear breakdown of any money owed, with each month of unpaid rent listed separately along with any late fees
- References to the specific lease provisions the tenant violated
- A copy of the written lease, attached, if you have one
- Proof the notice was properly delivered, such as a signed receipt or affidavit from the person who served it
Many jurisdictions require you to sign the Complaint under penalty of perjury, meaning you are swearing everything in it is true. Some localities also require a current rental license or registration where local ordinances mandate one; without it, the court may refuse to proceed. Judges regularly dismiss eviction cases over missing attachments or sloppy math on the rent owed, so get the details right before filing.
You file the Summons and Complaint with the court clerk and pay a filing fee. Fees range roughly from $85 to $450 depending on the jurisdiction and the amount in dispute. Some courts offer fee waivers for landlords who meet low-income thresholds. The clerk assigns a case number and schedules a hearing.
Have the Tenant Served
You cannot serve the papers yourself. A neutral third party, typically a professional process server or a sheriff’s deputy, must deliver the Summons and Complaint to the tenant. If the tenant can’t be located, most jurisdictions allow substituted service, where the papers are left with another responsible adult at the property or posted on the door and also mailed.
The person who delivers the papers fills out a proof-of-service form, sometimes called an Affidavit of Service or Return of Service, and files it with the court. This document proves the tenant was notified and had a chance to respond. Without it, the case stalls. Sloppy or incomplete service is the second most common reason eviction cases get thrown out, right behind defective notices.
Attend the Hearing
The hearing is typically scheduled within a few weeks of filing. Bring the original lease, your payment records, all correspondence with the tenant, the notice you served, and any photographs or documentation of property damage or violations. Organize it before you walk into the courtroom. You will not get a second chance to present evidence you forgot at home.
The judge reviews whether you followed the correct notice procedures, whether the grounds for eviction are supported by evidence, and whether the tenant has a valid defense. If the tenant does not show up, most courts enter a default judgment in your favor. If the tenant does appear, expect them to raise one or more of these defenses:
- Defective notice. Wrong number of days, improper delivery, or an inaccurate amount owed. Courts take procedural defects seriously.
- Payment. The tenant paid before the notice period expired, or tried to pay and you refused. A rejected cure-period payment usually sinks the eviction.
- Habitability. The tenant withheld rent because of serious health or safety problems you failed to fix, such as no heat, water leaks, mold, or broken locks. Most states let tenants offset rent against the cost of living in a defective unit.
- Retaliation. The eviction was filed in response to a code complaint, call to emergency services, or other protected activity.
- Discrimination. The eviction targets the tenant based on a protected characteristic under the Fair Housing Act or state civil rights law.
If the judge rules in your favor, the court issues a judgment for possession. The ruling confirms your right to the property and may include a monetary award for back rent and court costs. The judgment alone does not authorize you to remove the tenant.
Get and Execute the Writ of Possession
After winning, you request a Writ of Possession, called a Writ of Restitution in some states, from the court clerk. This document authorizes law enforcement to carry out the physical removal. The fee for the writ and its execution generally falls between $90 and $270 depending on the jurisdiction.
A sheriff, constable, or marshal delivers a final notice to the tenant, usually giving them a last window of a few days to leave voluntarily. If the tenant is still there when that deadline passes, the officer returns to oversee the removal and supervise the changing of the locks. Only law enforcement can execute this step. You cannot do it yourself, and you cannot bring movers to start clearing the unit until the officer authorizes it.
What You Cannot Do Yourself
Every state prohibits “self-help” evictions: changing the locks while the tenant is out, shutting off utilities, removing the front door, hauling belongings to the curb, or any other tactic designed to force the tenant out without a court order. It does not matter how much rent the tenant owes or how blatantly they have violated the lease. If you bypass the court process, you are the one breaking the law.
Tenants who are illegally locked out can sue for actual damages including temporary housing costs, lost or damaged belongings, and emotional distress. Many states authorize additional penalties such as statutory damages or multiplied rent awards. Some jurisdictions treat an illegal lockout as a criminal offense. A self-help eviction can also give the tenant the right to move back in and restart the entire process, costing months of additional delay.
After the Eviction
Belongings Left Behind
Tenants often leave personal property behind. You cannot throw it away. Most states require you to store abandoned belongings for a set period, typically 10 to 30 days, and notify the former tenant in writing about where to pick them up. The notice generally must describe the property, state the storage location, and give a deadline for claiming it. If the tenant does not respond within the required timeframe, you can usually sell or dispose of the items, and some states allow you to charge reasonable storage costs. Immediately discarding a tenant’s belongings can result in a lawsuit for the value of the property.
The Security Deposit
After the tenant is out, you can typically apply the deposit toward unpaid rent, damages beyond normal wear and tear, and cleaning costs needed to return the unit to its pre-tenancy condition. Most states require you to send an itemized statement of deductions within a set number of days after the tenant vacates, commonly 14 to 30 days. The statement should list each deduction, the amount, and the reason. Any remaining balance must be returned to the tenant. Failing to provide the itemized accounting or return the balance on time can expose you to penalties, and in some states, you forfeit the right to keep any portion of the deposit.
Timeline and Costs
From first notice to changed locks, an uncontested eviction typically takes 30 to 60 days. If the tenant fights the case, requests a continuance, or files an appeal, the process can stretch to several months. Minimum costs:
- Court filing fee: roughly $85 to $450
- Process server or sheriff service: $30 to $100
- Writ of possession and execution: $90 to $270
- Attorney fees, if you hire one: varies widely, but flat-fee eviction attorneys in straightforward cases often charge $500 to $1,500
Those figures do not account for lost rent while the unit sits occupied by a non-paying tenant. A dismissed case because of a botched notice means starting over, paying new filing fees, and waiting through another round of deadlines while the meter keeps running. Getting the paperwork right the first time is the cheapest part of the whole process.