An eviction is the legal process a landlord uses to end a tenancy and regain possession of a rental unit when the tenant will not leave voluntarily. It is handled through the court system, and in most states it is called an unlawful detainer or summary possession case.
Eviction is a last resort. It costs time and money, and the rules are strict, so a single misstep can send you back to the beginning.
Common grounds for eviction
- Nonpayment of rent
- Serious or repeated lease violations, such as unauthorized occupants or pets
- Property damage or illegal activity
- Staying after a lease or notice period ends (holdover)
- In some areas, specific no-fault reasons such as an owner move-in, which may require relocation payments
Some states and cities have just cause rules that limit eviction to listed reasons. See rent control for how these protections often work together.
How it works
The basic steps are similar in most states, though details vary:
- Serve proper written notice. The notice type and length depend on the reason, such as a short notice to pay rent or quit, or a longer notice to end a month-to-month tenancy.
- File the case in court if the tenant does not comply.
- Serve the tenant with the court papers.
- Attend the hearing if the tenant responds, or request a default judgment if they do not.
- Obtain a judgment for possession, then a writ or order that a sheriff or marshal carries out.
Landlords may never use self-help, such as changing locks or removing belongings, to force a tenant out.
Why it matters for landlords
Avoiding eviction usually starts with strong tenant screening, a clear lease and consistent communication. When problems arise, early conversations, payment plans or a cash for keys agreement can be faster and cheaper than court. If you do file, accurate records of rent charges, payments and notices are essential. TenantLoop keeps tenant ledgers and messages in one place, and our eviction process overview and California eviction process pages go deeper. Eviction law is highly local, so consult an attorney before serving notice.
Related terms
Related questions.
Can a landlord change the locks to evict a tenant?
No. Lockouts, removing a tenant's belongings or shutting off utilities to force someone out are illegal in nearly every state. Only a law enforcement officer, acting on a court order, can remove a tenant.
How long does an eviction take?
It varies widely by state, county and whether the tenant contests the case. Some uncontested cases finish in a few weeks, while contested cases can take months.