{"id":369202,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/realestate\/landlord-tenant-law\/eviction-and-unlawful-detainer.html"},"modified":"2026-09-21T18:50:00","modified_gmt":"2026-09-21T23:50:00","slug":"eviction-and-unlawful-detainer","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/eviction-and-unlawful-detainer.html","title":{"rendered":"Eviction and Unlawful Detainer"},"content":{"rendered":"\n
\n

Eviction and Unlawful Detainer<\/h1>\n\n
\n
\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n
\n
\n
\n

Eviction and unlawful detainer actions are formal court processes that landlords must use to legally remove a tenant from a rental property. A landlord must give proper written notice and then file an unlawful detainer lawsuit if the tenant doesn\u2019t fix the problem or move out. Only after a judge issues a writ of possession can law enforcement forcibly remove the tenant and return the unit to the landlord.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n

\n

Landlords can take legal action to force tenants out of the rental unit. If you get an eviction notice, treat it seriously. Your home is at stake. An eviction on your rental history<\/a> can also impact your ability to secure housing in the future.<\/p>\n

Eviction\u00a0is the legal process through which a landlord terminates a tenant’s right to remain on the rental property<\/a>. Ultimately, law enforcement may forcibly remove the tenant from the property.\u00a0<\/p>\n

This article explains the difference between evictions and unlawful detainers. It also describes the tenant removal process. There are general steps a landlord must take to evict, but the exact process and rules vary by state and even city. If you’re facing an eviction, consider consulting a local landlord-tenant attorney<\/a> for personalized legal guidance.<\/p>\n

Unlawful Detainer vs. Eviction: What’s the Difference?<\/h2>\n

These terms are sometimes used interchangeably, but they are not the same.<\/p>\n

\n
\n
\n

Unlawful detainer is the court case a landlord files to legally remove a tenant. Courts commonly refer to this action as “forcible entry and detainer” or “unlawful detainer” action. Doing so requires a formal court order. The landlord cannot use self-help<\/a> to remove the tenant.<\/p>\n

Eviction refers to the overall process of ending a tenant\u2019s right to stay in the rental. An eviction starts with a written notice. If the tenant doesn\u2019t resolve the issue (like paying past-due rent<\/a>) or move out, the landlord must file an unlawful detainer to get a judge\u2019s order. Only after the court issues a writ of possession can law enforcement physically remove the tenant from the property.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

Lawful Reasons for an Eviction<\/h2>\n

Landlords can evict a tenant if they violate one or more lease agreement provisions.<\/p>\n

Valid reasons for eviction include:<\/p>\n