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How to Evict a Tenant (in all 50 States!)

An eviction process begins with the landlord giving notice to the tenant to vacate the property. There are tenant remedies for violations such as late rent and noncompliance with the lease. The State mandates a tenant be given notice and a right “to cure” the issue within a specific timeframe. If the tenant fulfills the obligations, they have “cured” the issue. If not, the landlord will be able to file a complaint with the local housing court.

Table of Contents

How to Evict a Tenant: By State

The Eviction Process (Step-by-Step Guide)

Step 1 – Give Notice to the Tenant

An eviction notice must be given, in nearly every State, before eviction proceedings may begin. The landlord must first complete the 1-page notice and sign. Depending on the state, notice may be delivered personally or be sent by mail. Depending on State law, it may be slid or posted to the tenant’s door.

Common types include:

  • Non-Payment of Rent – The most common eviction notice for the late payment of rent.
  • Non-Compliance (lease violation) – For any violation of the lease other than late rent.
  • Month to Month Tenants – To terminate a month to month tenancy. Commonly requires a 30-day notice.
  • Other – Depending on State laws this can be illegal activity, damage to the property, or other severe violations.

The attached Certificate of Service should be signed by the landlord, which indicates the onset of the notice period.

Step 2 – Communicate with the Tenant

Now that notice has been issued, the landlord should get a response from the tenant and the parties can negotiate.

If the tenant is seeking to remain on the property and ignore the notice, then the landlord must wait for the notice period to expire before filing eviction proceedings.

Step 3 – Fill in Court Forms

Most commonly, the landlord will be required to file:

  • Complaint;
  • Summons;
  • Civil Cover Sheet; and
  • A copy of the eviction notice served to the tenant.

Most courts will ask the petitioner to make 3 copies of the forms.

Step 4 – File at the Court

File the eviction forms at the local court. Contact the clerk beforehand to obtain the filing fee, which can be paid by check. The clerk will review the submitted forms and give a filed copy of the summons to the landlord.

Step 5 – Serve the Tenant

The tenant must be served the summons issued by the court and any other required documents. The court will usually require a process server to ensure the tenant received the documents or be sent via USPS certified letter.

Step 6 – Wait for Tenant’s Response

After being served, the tenant will have a period of time to respond to the court with an Answer form, commonly around 20 days. The court will then schedule a trial date.

Step 7 – Attend Trial Hearing

Both the landlord and tenant will be given an opportunity to present their case to the Judge. After each party gets their say and answers the Judge’s questions, a ruling will be given deciding in either party’s favor.

If the landlord wins, a Writ of Possession may be issued. The Writ will be issued to the landlord by the court and should be filed with the local county Sheriff to physically remove the tenant from the premises.

Step 8 – Tenant is Forcibly Removed

The Sheriff will either knock on the tenant’s door and remove them from the premises or wait until they leave and lock them out. If the tenant is locked out, they will need to contact the landlord to obtain their possessions.

Eviction Notices: By State

Use any of the notices below to inform a tenant of a lease violation and begin the eviction process.

Late Rent

Lease Violation

Month-to-Month

Other

Alabama 7-day notice 7-day notice 30-day notice False Information on Rental App, Health / Safety Violation, Illegal Activity
Alaska 7-day notice 10-day notice 30-day notice Deliberate Damage to the Property, Illegal Activity
Arizona 5-day notice 10-day notice 30-day notice Irreparable Breach, Material Health and Safety Violation, Illegal Activity
Arkansas 3-day notice 14-day notice 30-day notice Material Health / Safety Violation
California 3-day notice 3-day notice (curable)

30-day notice (tenancies under a year)

60-day notice (tenancies over a year)

Incurable Noncompliance, Domestic Violence Victim (for tenant), Illegal Activity
Colorado 10-day notice 10-day notice time dependent on length of tenancy Illegal Activity
Connecticut 3-day notice 3-day notice per agreement Owner’s Personal Use, Discontinuance of Rental Unit, Refusal to Accept Rent Increase
Delaware 5-day notice 7-day notice 60-day notice Irreparable Harm
Florida 3-day notice 7-day notice 15-day notice Foreclosure
Georgia Immediate notice Immediate notice 30-day notice none
Hawaii 5-day notice 10-day notice 45-day notice Nuisance, Demolition of Unit, Short Term Rental Conversion, Condo Conversion
Idaho 3-day notice 3-day notice 30-day notice Waste, Illegal Drug Activity
Illinois 5-day notice 10-day notice 30-day notice Unlawful Activity, Foreclosure
Indiana 10-day notice reasonable notice 30-day notice Illegal Drugs
Iowa 3-day notice 7-day notice 30-day notice Clear and Present Danger
Kansas

3-day notice (tenancy under 3 mo)

10-day notice (tenancy 3+ mo)

14-day notice (1st violation)

30-day notice (2nd violation)

30-day notice none
Kentucky 7-day notice 15-day notice 30-day notice none
Louisiana 5-day notice 5-day notice 10-day notice none
Maine 7-day notice 7-day notice 30-day notice Illegal Activity, Health/Safety Violation
Maryland Immediate notice 30-day notice 30-day notice Imminent Danger
Massachusetts 14-day notice 30-day notice 30-day notice Illegal Activity
Michigan 7-day notice 7-day notice 30-day notice Drug-Related, Health/Safety Violation
Minnesota 14-day notice no statute, in accordance with lease 30-day notice Illegal Activity
Mississippi 3-day notice 14-day notice 30-day notice none
Missouri Notice (time not specified) 10-day notice 30-day notice Illegal Activity
Montana 3-day notice 14-day notice 30-day notice All Notice Types
Nebraska 7-day notice 30-day notice 30-day notice Illegal Activity
Nevada 5-day notice 5-day notice 30-day notice Illegal Activity
New Hampshire 7-day notice, along with Demand for Rent Form 30-day notice 30-day notice All Types of Violations
New Jersey Immediate/30-day notice 30-day notice 30-day notice Lease Violation, Disorderly Conduct, Illegal Activity
New Mexico 3-day notice 7-day notice 30-day notice Illegal Activity
New York 14-day notice 30-day notice 30-day notice none
North Carolina 10-day notice Immediate notice 7-day notice none
North Dakota 3-day notice 3-day notice 30-day notice Sale of Rental Unit
Ohio 3-day notice 3-day notice 30-day notice Health or Safety Violation, Illegal Activity
Oklahoma 5-day notice 10/15-day notice 30-day notice Immediate Danger and Harm
Oregon 6-day notice 10/14-day notice 30-day notice Imminent Danger or Illegal Activity, Providing False Information
Pennsylvania 10-day notice 15/30-day notice 30-day notice Illegal Drugs
Rhode Island 5-day notice 20-day notice 30-day notice Illegal Activity
South Carolina 5-day notice 14-day notice 30-day notice Material Health/Safety Violation
South Dakota 3-day notice reasonable time 30-day notice Sale of Rental Unit
Tennessee 14-day notice 30-day notice 30-day notice Prostitution or Drug Violations, Illegal Behavior
Texas 3-day notice 3-day notice 30-day notice Foreclosure of Rental Property
Utah 3-day notice 3-day notice 15-day notice Illegal Activity
Vermont 14-day notice 30-day notice

60-day notice (tenancies of 2 or less years)

90-day notice (tenancies over 2 years)

Criminal Activity
Virginia 14-day notice 21/30-day notice 30-day notice none
Washington 14-day notice 10-day notice 20-day notice Illegal Activity
West Virginia immediate immediate 30-day notice Illegal Activity
Wisconsin

5-day notice (week-to-week or month-to-month tenancies with a written lease less than 1 year)

14/30-day notice (tenancies with a written lease for over a year)

5-day notice (week-to-week or month-to-month tenancies with a written lease less than 1 year)

14/30-day notice (tenancies with a written lease for over a year)

28-day notice 2nd Lease Violation (within a year)
Wyoming 3-day notice 3-day notice 30-day notice none

Where to File

Use the links below to find out where to file an eviction lawsuit and the filing fees.

Where to File

Filing Fee ($)

Alabama District Court $150
Alaska District Court $247
Arizona Online at Turbocourt.com $35
Arkansas District Court  $65
California Superior Court $385
Colorado District Court $85-$130
Connecticut Superior or Housing Court $175
Delaware Justice of the Peace Court $45
Florida County Court $185
Georgia Local Magistrate Court $56.50
Hawaii District Court $155
Idaho District Court $166-$221
Illinois Local Circuit Court $234
Indiana Local Trial Court $100+
Iowa Small Claims Court or Electronically $85
Kansas District Court varies by county
Kentucky District Court varies by county
Louisiana Local Court varies by county
Maine District Court $75
Maryland District Court $275-$320
Massachusetts Local Housing Court or District Court $180
Michigan District Court $45
Minnesota District Court (Housing Court in Hennepin and Ramsey counties.) $285
Mississippi Local Justice Court varies by county
Missouri Circuit Court $36
Montana City Court, Municipal Court, Justice Court, or District Court $50
Nebraska County Court $83
Nevada Local Justice Court $270
New Hampshire Local District Court $125
New Jersey Superior Court Special Civil Part Offices $50
New Mexico New Mexico Magistrate Court $77
New York Online or in Local Court varies by county
North Carolina Local Court varies by county
North Dakota Local District Court $80
Ohio Local Municipal County Court $45
Oklahoma Local Court  $85
Oregon Circuit Court $88+ trial fee
Pennsylvania Magisterial or Municipal Court $70.25
Rhode Island District Court $80
South Carolina Local Magistrate Court $40
South Dakota Local Magistrate or Circuit Court $70
Tennessee General Sessions Court varies by county
Texas Local Justice of the Peace Court or online at eFile Texas $25
Utah District Court $90-$375
Vermont  Superior Court, Civil Division $295
Virginia General District Court $151
Washington Superior Court $30
West Virginia Local Magistrate Court $50
Wisconsin Small Claims Court $144.50
Wyoming Circuit Court $60

Glossary (eviction terms)

Answer – Provided by a local housing court and allows a tenant to write and submit their defense to the eviction proceedings.

Complaint – Also known as a “petition” and is made by a landlord to a local housing court to submit and file an eviction case.

Forcible Entry and Detainer – Also known as an “unlawful detainer” and is the official title given to an eviction proceeding.

Notice to Quit – Official notice given by a landlord to a tenant that they have violated the lease

Process Server – A person hired to hand-deliver court documents to defendants and let them know a case has been filed against them.

Summons – Issued by a local court and must be “served” to the defendant.

Writ of Possession – Or “Writ of Judgment” is the court order stating that the landlord has the right to forcibly repossess the property from the tenant. This is completed by giving the Writ to the local county Sherriff’s office.

Common Tenant Defenses

A tenant can counter an eviction by presenting a number of tenant defenses, some of which may include:

  • Landlord’s failure to maintain habitable premises;
  • Incorrectly filed court documents;
  • Landlord’s failure to make good on repairs;
  • Landlord’s failure to provide heat or water;
  • Harassment or retaliatory measures by the landlord in attempt to collect rent or remove the rent; and
  • Self-help procedures such as changing locks.

Frequently Asked Questions (FAQs)

How long does an eviction take?

Depending on the jurisdiction, an eviction can take anywhere from 45-180 days depending on the State.

Does an eviction go on my Credit Report?

Yes, and it can affect the report by up to 300 points. An eviction stays on a tenant’s record for 7 years. Therefore, it’s best to move out even if rent hasn’t been paid to avoid a civil court judgment that will appear on an individual’s credit report.

Can you Remove an eviction from a Credit Report?

Yes, but it is difficult. A person would have to petition the court the record was filed and detail why the record should be removed from public record. Depending on the court, simply showing the landlord has been reimbursed for all monies owed may clear the record.

Can a Writ of Possession be stopped?

No. A Writ of Possession is the judgment granted by a court to allow a Sheriff to enter the property and lock the tenant out. Once the tenant has been locked out, they will have no way to get back into the premises without contacting the landlord to obtain their possessions.