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Evict My Tenant

A lawful, step-by-step path from the first notice to getting your property back.

The eviction process in eight steps

  1. 1

    Check your grounds

    Non-payment, a lease violation, the end of a lease or a no-fault termination where the law allows it.

  2. 2

    Serve a written notice

    The right notice, for the right number of days, served in a way your state allows.

  3. 3

    Wait out the notice period

    If the tenant pays or fixes the problem in time, the tenancy usually continues.

  4. 4

    File the summons & complaint

    With the court clerk in the county where the property is, and pay the filing fee.

  5. 5

    Serve the court papers

    Usually by a sheriff, marshal, constable or process server.

  6. 6

    Attend the hearing

    Bring the lease, notice, proof of service, ledger and photos.

  7. 7

    Get the judgment & writ

    Only law enforcement can carry out the removal.

  8. 8

    Deposit & belongings

    Account for the deposit and any property left behind as your state requires.

Landlord FAQs

Can I change the locks or shut off utilities to get a tenant out?

No. So-called self-help evictions are illegal in virtually every state. You must win a court case, and only a sheriff, marshal or constable can carry out the removal.

How much notice do I have to give?

It depends on your state and the reason. Non-payment notices are often 3 to 14 days; ending a month-to-month tenancy commonly needs at least one full rental period. Check your state's statute before serving.

Where do I file an eviction?

Usually in the civil, housing or justice court for the county where the property is located. Our Court Details pages list clerk addresses and phone numbers by county.

Do I need a lawyer?

Many landlords file on their own, but some courts require a business entity (such as an LLC) to be represented by an attorney. An attorney is strongly recommended for contested cases.

Looking for your county’s court? See court details by state and county.

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