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Eviction is the legal process for removing tenants from rental property. Landlords must follow specific procedures established by state and local law. Shortcuts or “self-help” methods are illegal and expose landlords to liability. The process varies by jurisdiction but follows a general pattern.

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Grounds for Eviction

Most common eviction reason. Landlord must typically provide written notice and opportunity to pay before filing.Notice periods vary from 3-14 days depending on jurisdiction.
Breaking lease terms such as unauthorized pets, excessive noise, unauthorized occupants, or property damage.Usually requires written notice and opportunity to cure (fix the violation) before eviction can proceed.
Drug activity, violence, or other crimes on the property. May allow expedited eviction with shorter or no cure period.
Tenant remains after lease ends without renewal. Requires proper notice that lease will not be renewed.In “just cause” jurisdictions, landlords may need specific reasons even at lease end.
Some jurisdictions allow eviction if owner intends to occupy or substantially renovate. Often requires relocation assistance.

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Eviction Timeline

1

Notice to tenant

Written notice specifying violation and required action. Type and length depend on reason (pay or quit, cure or quit, unconditional quit).
2

Waiting period

Tenant has time to comply (pay rent, fix violation, or vacate). Ranges from 3-30 days depending on reason and jurisdiction.
3

Filing with court

If tenant doesn’t comply, landlord files eviction lawsuit (often called “unlawful detainer” or “summary process”).
4

Court hearing

Both parties appear before judge. Tenant can present defenses. Hearing typically scheduled 1-4 weeks after filing.
5

Judgment

If landlord prevails, court issues judgment for possession and possibly back rent and costs.
6

Writ of possession

If tenant still doesn’t leave, landlord obtains writ authorizing sheriff to remove tenant. Additional 5-14 days typical.
Total timeline: 3-8 weeks in most cases. Can extend significantly if tenant contests or court backlogs exist.

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Tenant Defenses

Tenants can fight evictions on various grounds.
Wrong notice type, insufficient time, improper delivery, or missing information can invalidate eviction.
Eviction following tenant’s exercise of legal rights (reporting code violations, requesting repairs) may be retaliatory and prohibited.
Eviction based on protected class status violates Fair Housing Act.
Landlord’s failure to maintain habitable conditions may defend against eviction, particularly for non-payment.
Landlord accepting rent after violation may waive right to evict for that violation.
For non-payment cases, proof that rent was paid or tendered within notice period.

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Illegal Eviction Methods

Self-help eviction is illegal in all states. Prohibited actions include:
  • Changing locks without court order
  • Shutting off utilities
  • Removing doors or windows
  • Removing tenant belongings
  • Physical threats or intimidation
  • Blocking access to property
Tenants can sue for damages, and courts may award penalties of 2-3 times actual damages plus attorney fees.

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Costs

Landlord costs:
  • Court filing fees: $50 - $400
  • Process server: $50 - $100
  • Attorney fees: $50 - $2,000+ if contested
  • Lost rent during process
  • Sheriff fees for lockout: $50 - $150
Tenant costs:
  • Potential judgment for back rent
  • Court costs and attorney fees (if lease provides)
  • Eviction on record affecting future rentals
  • Moving and relocation expenses

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After Eviction

For landlords:
  • Change locks after legal possession
  • Document property condition
  • Store abandoned belongings as required by law
  • Pursue judgment collection for unpaid rent
For tenants:
  • Eviction may appear on rental history for 7 years
  • Judgment for back rent may affect credit
  • May be difficult to rent with eviction record
  • Some jurisdictions seal eviction records in certain circumstances
Landlords: Before filing eviction, especially if tenant may contest or situation involves potential discrimination or retaliation claims. Tenants: Immediately upon receiving eviction notice. Many areas have free legal aid for tenants facing eviction. Short deadlines make early action critical.

Next: Security Deposits

Collection, holding, and return requirements

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