Emily Dekker
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The eviction process is the legal way to remove a tenant who hasn't left after the lease ends or who has broken the lease (e.g. nonpayment of rent). It requires valid grounds, proper notice, and going through the court—never lockouts, shutoffs, or other self-help. Laws vary by state and locality; this is a general overview. For the full picture of landlord-tenant rules, see Landlord Legal Compliance; for nondiscrimination rules that apply to eviction too, see Fair Housing for Landlords.
Eviction (or "unlawful detainer" in some states) is the court-supervised process that ends a tenancy and returns possession of the property to you. You cannot simply change the locks or shut off utilities to force a tenant out—that is self-help eviction and is illegal. You must follow your state's rules for notice, filing, and court orders. Skipping steps can get your case dismissed or lead to counterclaims from the tenant.
You need a legal reason to evict. Common grounds include nonpayment of rent, lease violations (e.g. unauthorized occupants, pets, or sublets), end of lease (no renewal or month-to-month with proper notice), and in some states no-cause terminations where allowed. You cannot evict based on a tenant's protected characteristics (race, religion, disability, etc.) or in retaliation for the tenant exercising a right—that violates fair housing laws. See Fair Housing for Landlords for what you must know.
Although details vary by state, the process usually follows this order: (1) Valid grounds—you have a legal reason to end the tenancy. (2) Proper notice—you serve the tenant with the required written notice (e.g. pay-or-quit, cure-or-quit, or notice to vacate) for the period your state requires. (3) Court filing—if the tenant doesn't leave or cure, you file an eviction lawsuit in the correct court. (4) Court hearing—you and the tenant appear; the court decides. (5) Writ of possession—if you win, the court issues an order and only then can the tenant be removed, typically by the sheriff or court officer, not by you. For an overview of how this fits with other landlord-tenant rules, see Landlord Legal Compliance.
Improper notice, wrong court, or self-help can result in your case being dismissed, the tenant winning counterclaims (e.g. for wrongful eviction), and in some states penalties. Taking shortcuts is not worth the risk. Many landlords work with a landlord-tenant attorney for at least the first eviction so they learn their state's exact requirements. Good screening and clear leases can reduce how often you need to evict—see How to Find Good Tenants and Tenant Screening for screening basics.
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