How to Lawfully Evict a Tenant in 3 Steps

Property owners, landlords, and property managers must use the eviction process to evict a tenant from their rental units. They cannot use self-help or harassment to evict a tenant. 

This article outlines some basic steps landlords must follow to evict a tenant. This information can get you started, but is not a substitute for legal advice. The eviction process varies by state, so anyone considering evicting a tenant should check their state laws first or consult a local landlord-tenant attorney.

1. Determine the Reason for the Potential Eviction

Before you start the eviction process, make sure you have a legally valid reason to evict the renter. People often think unpaid rent is the only reason to evict a tenant. That is not true. The following are a few examples of legally valid reasons for starting the process:

• Nonpayment of rent
• A lease agreement violation, such as an illegal sublet
• Violation of occupancy limits
• Illegal activity on the rental property or in a rental unit

This is not an exhaustive list of legally valid reasons to evict a tenant. Please consult an attorney or your state’s eviction laws for state-specific information. Some cities and other jurisdictions may have their own rules.

2. Give the Tenant Written Notice

Although state laws vary, most states provide guidance on giving written notice to your tenant before filing an eviction lawsuit. There are three main types of eviction notices:

• Pay rent or quit: Landlords use this notice for things like unpaid rent.
• Cure or quit: Landlords use this notice for tenants to either fix a problem, such as an illegal sublet, or quit the lease within a specified period.
• Unconditional quit notice: Landlords use this for egregious conduct. It does not offer an opportunity to cure the problem. Instead, the tenant must vacate the rental unit immediately, often following a three-day notice.

Preparing the Written Eviction Notice

When preparing a written notice, landlords should consider including the following:

• Tenant name
• Location of rental property
• Reason for eviction
• The number of days the renter has to vacate the rental unit
• A copy of the lease or rental agreement highlighting the underlying issues
• Signature of homeowner or property manager

Before you create the eviction notice, consult your state’s eviction laws, or speak to an attorney for guidance. You don’t want to violate your tenant’s rights during this process.

3. File an Eviction Lawsuit

If the renter doesn’t respond to the eviction notice, you cannot summarily remove their personal belongings and take possession of the property. That is illegal self-help. You must continue the eviction process and file an eviction case in the appropriate local court.

In some states and cities, small claims court is the proper court to file your lawsuit. In some states or localities, you can file an unlawful detainer to remove a tenant.

The goal of your lawsuit is a court order directing the renter to vacate the premises. The court can also assign court costs and attorney fees with the order.

An illegal eviction can harm your business and expose you to liability. A lawyer near you can guide you through the steps of a lawful eviction and help you avoid costly mistakes. Find local legal help.

After the Eviction Lawsuit: Contact Police if Necessary

Some tenants still refuse to move after a court orders them to. In these cases, the landlord can turn to law enforcement for help. The landlord can give a copy of the order to a local law enforcement official who will handle the eviction. They will set a date for vacating the rental property.

If the tenant is still in the property on that date, the law enforcement official will give them a short amount of time to gather their belongings and vacate the rental property. Often, this leaves tenants with less than one hour to leave.

Do You Need a Lawyer to Evict a Tenant?

Strictly speaking, a lawyer isn’t required to evict a tenant, but the consequences of a mistake by a layperson landlord may outweigh the cost of counsel.

A landlord must complete every step as required by law. A mistake can delay the eviction proceedings and even require the landlord to start the process anew, meaning more lost rent.

Get Legal Help Evicting a Tenant

Whether you are a tenant, landlord, or property manager, you should understand the eviction process. A qualified landlord-tenant attorney can help you understand each step and offer sound legal advice to safeguard your business and rental income.

FindLaw’s directory of landlord-tenant lawyers can get you started. Enter your city or ZIP code for a list of legal professionals in your area. Because state and local eviction laws are relevant, your attorney should be licensed in the state where the property is located. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.

Owning Rental Property: Additional Resources

If you would like additional research, use the links below:

• Landlord Associations and Regional Publications
• Liability for Tenant Injuries and Insurance for Landlords
• Select State and Local Landlord-Tenant Laws
• What Do Landlord-Tenant Attorneys Do?