The Eviction Process From Start to Finish

Sometimes, eviction is unavoidable. Unforeseen circumstances occur, situations change, and your tenant may stop upholding their part of the lease contract. When this happens, tenant eviction may be your best option. 

Although the process for evictions can seem complicated, knowing the causes, consequences, and actions landlords should take from start to finish can empower you to enact evictions with ease. 

What Is an Eviction? 

Eviction is the forced removal of someone from a property. Housing eviction occurs when a landlord gains the legal right to remove a tenant from their rental property. So, how long does the eviction process take? While each timeline varies by state, most evictions take one to three months to finalize. From start to finish, the legal eviction process includes ten steps:  

1. A tenant first violates the lease
2. The landlord sends a preliminary warning to cease the behavior
3. The landlord sends a Quit Notice
4. The landlord files an eviction petition with the local court system
5. A third party serves the tenant with the eviction petition papers and the eviction hearing summons
6. Both the landlord and tenant must appear in court for the eviction hearing
7. The move-out process begins
8. Landlords prepare the property for turnover
9. Landlords screen new potential tenants
10. Landlords sign a lease with the new tenant

When Can Landlords Stop Evictions? 

Landlords can cancel the eviction process within the first four steps if the lease violation ceases. This can include noise policy, pet policy, or late rent violations. In unpaid rent cases, courts discard the eviction petition within the first six steps if the tenant pays the total rent amount due.

How Can Landlords Conduct Evictions? 

When deciding how to evict a tenant, it is also important to note landlords must conduct a legal eviction to avoid judicial repercussions. To achieve a legal eviction, landlords must file a petition with the court and wait for the court’s decision before acting against the tenant or removing the tenant. Forcibly removing your tenant with manipulative measures before or during a court’s decision is known as performing a self-help eviction. Self-help evictions are illegal in most states. The most profound forms of self-help evictions include: 

• Changing the apartment’s locks
• Shutting off essential utilities
• Threatening or intimidating the tenant in any way
• Prematurely removing the tenant’s belongings from the unit.

Most states view self-help evictions as highly unlawful, and landlords can face consequences such as lawsuits, injunctions, and jail time if they evict a tenant without due process.

To avoid legal repercussions, take the following ten steps to file your eviction legally, await the court’s fair ruling, and successfully remove your tenant from the property. 

Step One: The Tenant Violates the Lease 

To properly evict a tenant, you must present a valid reason for eviction to the court. Usually, this reason stems from a lease violation. A lease violation occurs when a tenant breaks a covenant of the lease agreement.  

Before moving into a property, it is customary for landlords and tenants to sign a lease agreement. This lease agreement typically details the tenant’s rules and regulations while they live on the property. From outlining the amount and frequency of rental payments due to explaining quiet-hour policies, a lease agreement is a renter's rulebook for tenancy. Thus, if they break the rules, consequences can follow.  

From failing to pay rent to harboring a pet in a pet-restricted building , lease violations can come in many forms. Regardless of the scenario, landlords have grounds for eviction when a tenant violates a clause of the signed lease agreement. The steps to take when a tenant’s rent is late are the exact steps to take if a tenant smokes on a non-smoking property. No matter the lease violation, landlords can send a preliminary warning once a tenant disobeys the lease contract. 

Step Two: Landlord Sends a Preliminary Notice

Preliminary notices are polite yet formal warnings for tenants to stop their lease violations. In the warning letter, landlords should include: 

• The name of the tenant(s)
• The date
• The lease violation
• The deadline to correct the behavior

------------------

They also echo the following template: 

Tenant name 

Rental Unit Address 

Date 

 

Dear [tenant name], 

This letter serves to inform you, [tenant name], are in direct violation of the lease agreement for the following behaviors:  

• [Insert lease violation] 

Please cease this lease violation immediately. If the behavior is not corrected by [insert deadline to correct the behavior], further action will be taken towards eviction. 

 

Sincerely, 

[Insert landlord name] 

------------------

Landlords often use this template in cases unrelated to unpaid rent. These violations can include unauthorized tenants, unauthorized pets, noise or smoke policy violations, etc. To ensure the tenant corrects the behavior, landlords may arrange a property inspection to check the premises for evidence after the deadline. 

In unpaid rent cases, landlords may include a late fee notice in the preliminary warning letter. A late fee is a monetary fee charged to a tenant when they fail to pay rent on time. While most landlords extend a grace period to allow tenants time to pay their rent without consequence, grace periods are entirely optional. Therefore, a preliminary notice can either serve as a warning the grace period is beginning or a notice to pay the late fee immediately. For the latter, each letter should instruct tenants to pay the rent amount due and the late fee amount to rectify the lease violation.  

------------------

To remind their tenants of unpaid rent, landlords can follow the following preliminary notice template: 

[Tenant name] 

[Rental unit address] 

[Date] 

 

Dear [tenant name], 

This letter serves to inform you, [tenant name], that we have not yet received your rent payment for the month of [month]. Your rent amount of [rent amount due] plus a late fee amount of [late fee amount] is due immediately. Please pay the amount and late fee due by [deadline month, date, and year]. 

Failure to pay rent by [deadline month, date, and year] may result in eviction. If you have already made a payment, please disregard this letter.  

Regardless of the type of lease violation, landlords may terminate the lease early if a tenant fails to rectify the behavior.  

------------------

Step Three: Send a Quit Notice

Immediately after the preliminary notice’s deadline, landlords can officially notify tenants to cease the behavior “or else.” This declaration is known as a Quit Notice. A quit notice is known as a formal eviction notice and is the first step in how to start an eviction process legally. There are three types of quit notices: 

• Pay or Quit notice – Landlords may send this announcement when a tenant has not paid rent. A Pay or Quit letter usually follows a late rent notice, a grace period, and a late rent fee. It should include the total rent amount due, any late fees due, and the deadline to pay them. Upon receiving a Pay or Quit notice, tenants have three to ten days to pay, depending on the state. After the time limit ends, landlords can file for eviction. You must not accept a tenant’s partial payments after posting this notice. In many cases, a partial payment terminates the eviction process—and landlords must begin the process again even if they never receive the remainder of the total rent. To ensure a seamless process of eviction, never accept a partial payment from a tenant following a Pay or Quit Notice.

• Cure or Quit notice – Landlords can send this notice if a tenant violates other lease rules. For example, if you have a strict no-pet policy and your tenant adopts a dog, you may release a Cure or Quit notice. This notification warns tenants to “cure” the problem or face eviction. Tenants usually have 30 days to fix the issue before eviction proceedings begin.

• Unconditional Quit notice – Courts reserve this notice for extreme violations, such as the tenant causing acute damage or engaging in illegal activity on the property. Once landlords send an Unconditional Quit notice, tenants must vacate the property immediately. This letter informs tenants of their required move-out date and does not give the tenant the option to fix the problem or stay. Because of this, states only permit unconditional quit notices in extreme circumstances. If the tenant does not willingly move out of the property within the notice’s deadline, landlords can move forward with eviction.

Since all courts require landlords to give tenants ample warning before filing for eviction, a Quit Notice serves as a landlord’s first legal step in eviction. Thus, it is essential to provide the notice via written letter. It is also wise to send the message via certified mail. This way, landlords can monitor when their tenant receives the letter. Likewise, landlords can also hire the local sheriff or a process server to serve the Quit Notice. Requirements for posting Quit Notices vary by state, so research your local laws to determine how to notify your tenant. 

Following receipt of the notice, tenants have a specific number of days to correct the violation before eviction. Tenants have until the notices’ deadline to either correct the violation or communicate with the landlord to reach an agreement. However, tenants and landlords are not obligated to communicate; tenants are only obligated to resolve the issue. Once the deadline passes without resolution, landlords can officially file for eviction and submit the Quit Notice to the court as supporting evidence. 

Step Four: File an Eviction Petition 

If the tenant’s lease violation continues past the quit notice’s deadline, landlords can file for dispossessory action with the court. Dispossessory action includes the formal eviction proceedings to remove a tenant from the property. To begin, landlords must file through the magistrate court. They must also ensure the court is in the same county as the rental property. To file, landlords submit an application and evidence for eviction. Application packages usually include:

• The signed copy of the lease
• A record of all payments, such as rent receipts
• All records of previous communication, such as the preliminary notice and the Quit notice
• Any other proof to support the petition
• The application fee (fees vary based on the location of the property, court, and the reason for eviction)

Once an application is submitted and approved, local courts will serve the tenant papers regarding the eviction hearing. 

Step Five: Serve the Tenant 

To serve a tenant, courts deliver a copy of the eviction petition and a document stating the date and time of the eviction hearing to the tenant’s address. Courts can serve the tenant in one of three ways: 

• Personal Service – Occurs when the court personally serves the tenant in person

• Substituted Service – Occurs when the court delivers the documents to someone 18 years or older living with the tenant. Courts use the substituted service if the tenant cannot accept the delivery personally

• Posting – Occurs when the courts leave the eviction hearing papers in a secure, visible place outside the entrance of the tenant’s rental unit

It is unlawful for the landlord to serve eviction hearing papers themselves. The server must be a professional process server or an adult. They also must be uninvolved with the case and must not have acted on behalf of the landlord more than five times in one year. Lastly, when using the substituted or posting service, the server must send the papers via first-class and certified mail to ensure receipt. These requirements vary by state, so it is critical to research local laws to ensure the legality of your eviction proceeding. 

Once delivered, eviction hearing papers usually include a copy of the landlord’s eviction petition and a summons to appear in court. Depending on the state, courts must serve the tenant these papers at least seven to ten days before the scheduled eviction hearing. If the eviction relates to nonpayment of rent, tenants have a set number of days to respond or pay. If the tenant does not respond, courts may rule in default favor of the landlord. If the tenant pays, the court dismisses the eviction case. If the tenant responds but does not pay, plans for the eviction hearing proceed. If the eviction is unrelated to rent payments, tenant response is not required, and plans for the eviction hearing continue.

Step Six: Attend the Eviction Hearing

Landlords and tenants attend the eviction hearing to present evidence supporting their claim or defense. Both parties are required to attend the hearing. If the landlord fails to attend, the courts dismiss the eviction case. If the tenant fails to attend, the courts rule by default in favor of the landlord. Depending on the evidence presented during the hearing, courts may grant tenants the right to remain on the property or correct the violation to prevent eviction. After the hearing, the courts will decide with finality whether the tenant can stay on the property or whether they must vacate. 

If the jury rules in your favor, they will sign an eviction order instructing a sheriff to remove the tenant from your property. Although an eviction order is an official court order to evict a tenant, it is not always a guarantee for eviction. Before the sheriff removes the tenant, the tenant may file to delay or prevent their removal by:

• Filing a motion to stay – This gives the tenant up to ten days of additional time to vacate the property

• Filing a motion to set aside, or cancel, the eviction order – This allows the tenant to cancel eviction orders if they believe the eviction was illegal or irrelevant in any way. For example, if the tenant never received the proper eviction notices, if the landlord committed any misconduct, or if the tenant moved out before the eviction order.

• Appealing the eviction – Tenants have up to ten business days to appeal if they believe the court made an error. If the court rules in favor of the tenant, landlords also have ten days to challenge the decision.

If the courts wish to provide a judgment that protects both the renter and the landlord, they may prevent or delay the eviction process by granting tenants one of three agreement orders: 

• Agreed Move-Out and Compliance Status – This sets an agreed-upon move-out date with a follow-up court date. If the renter moves out on time, the courts dismiss the case without an eviction judgement, and the tenant avoids an eviction on their record.

• Dismissal with Leave to Reinstate – This allows landlords and tenants to dismiss the case with the option to bring it back to court if either party does not abide by what they promised in the agreed order.

• Pay and Stay Agreement – This allows renters to stay in the unit if they follow a payment plan to pay the rent owed. Landlords and tenants can negotiate a realistic payment plan in court.

Motions allow tenants to avoid eviction, while the agreement orders give landlords and tenants the opportunity to work through an arrangement before a final eviction. If a tenant never files a motion, never requests an agreement order, or if the court rules in your favor despite the motions or agreement order requests, you may initiate the move-out process. 

Step Seven: Initiate the Move-Out Process 

While the move-out process may seem simple, there are many steps to cover to ensure your tenant properly vacates the property. The court’s eviction order will state the final date your tenant has to leave your property. If they haven’t left the premises by that date, you can call local law officers to remove your tenant from the property. Once they vacate, survey the unit.  

If the tenant leaves trash in the unit, you are free to dispose of it. However, if the tenant leaves any items behind, immediately create an inventory of the tenant’s abandoned property. Then, check your local laws to check how to dispose of the items properly. While the rules surrounding abandoned property vary by state, most laws state landlords should hold tenant’s belongings for at least ten days. Make sure to keep the items in a secure location. Finally, call and send at least one notice via certified mail to the tenant’s last known address and their emergency contact detailing the property left behind. In the notice, include a complete inventory of the items, their market value, storage location, the retrieval period, and how you intend to dispose of the objects after the retrieval period. This gives evicted tenants the chance to retrieve their forgotten belongings safely.  

If the tenant never retrieves their abandoned items, you can dispose of or sell them. Again, research your local laws before acting. Landlords must dispose of the property properly. For example, landlords should surrender items such as cars to the local police. Also, some states require landlords to forfeit all profit from abandoned items to the state. Others allow landlords to keep a percentage of the profits. Researching and abiding by your local laws, then complete the final step of the move-out process: turn over your property. 

Step Eight: Turn Over your Property 

Turning over your property involves preparing it for the arrival of new tenants. Before beginning, create a tenant turnover checklist of all the areas you want to inspect, repair, or refresh across the property. Then, conduct a move-out inspection. Move-out inspections are walkthroughs landlords run to access damage in a rental unit. During the inspection, landlords look for damage beyond normal wear and tear. This damage includes: 

• Unapproved renovations
• Large holes in the walls
• Broken appliances or house fixtures
• Excessive trash

If damage to the property exists, calculate the cost to repair it. As you begin repairs, keep track of your expenses by itemizing the cost of each repair. You can deduct the cost from the tenant’s security deposit as you make repairs. If the cost of repairs exceeds the security deposit amount, local laws may permit you to sell a tenant’s abandoned items to cover the cost of your repairs. If the tenant did not leave anything behind, you could file a claim in small claims court, file to garnish their wages, or hire a private debt collector. Landlords can also employ the same methods to receive past-due rent. 

In addition to fixing the damage left by the evicted tenant, landlords are responsible for performing routine maintenance. Routine maintenance includes regular machine servicing to ensure all units function correctly. Landlords cannot deduct the cost of routine maintenance from a tenant’s security deposit or the sale of their abandoned items. Therefore, landlords should set aside a maintenance fund regardless of tenant eviction. To perform routine maintenance, landlords should service: 

• The HVAC system – Replace the HVAC filters and run the heat and the air to ensure the system functions properly.
• Plumbing – Check the pipes, faucets, and overall plumbing system for leaks.
• Mold or mildew buildup – Ensure your rental has no mold or mildew. If mold or mildew is present, clean all surfaces accordingly and cure the problem at the source.
• Evidence of pests or rodents – Take all the necessary actions to maintain pest control throughout the unit. Look for signs of pests or rodents and fumigate the property accordingly.
• Electrical wiring – Ensure all outlets and light switches function correctly.
• Paint – Paint sometimes falls under normal wear and tear. A simple paint refresh falls under the landlord’s responsibility if the previous tenant did not damage the walls.

It is essential to remember landlords can only deduct fees for damage beyond wear and tear. Repairs for normal wear and tear and routine maintenance are the landlord’s responsibility. During the tenant turnover process, keep track of your repair costs and ensure your security deposit or abandoned items deductions are fair.

The final step of tenant turnover is advertising your property. It may seem challenging to learn how to advertise your rental property. However, promoting your property is achievable by: 

• Researching your target audience – Targeting your property to a specific audience may help you find a quality tenant faster
• Taking high-quality photos – Photographs are essential elements of rental listings. They are the tenant’s first impression of your unit and often their deciding factor. Always include accurate photos so tenants can choose the best rental
• Writing accurate property descriptions - This includes catchy headlines, details about recent upgrades, highlights of special features, and information about local attractions and amenities

All in all, the cost of tenant turnover can be expensive. However, the cost of damage repair, routine maintenance, and advertisement are all worthwhile efforts toward receiving a high-quality tenant after a stressful eviction.  

Step Nine: Screen your next tenant properly 

One of the best ways to avoid a future eviction is to screen your next tenant properly. Apartments.com makes it easy to screen tenants, get the information you need, and find a qualified renter fast. Unlike our competitors, who use various third-party resources to collect information, we partner with TransUnion to provide you with screening reports for evictions, credit, and criminal history. Another feature you’ll find only on Apartments.com is support for co-signers, guarantors, and co-applicants. If you need more information to make a decision, you can request supporting documents from potential tenants directly on our platform. Get all the information you need to find the right tenant quickly and easily.

In addition to verifying a tenant’s history, landlords can also ask potential tenants: 

• Their preferred lease term – This allows landlords and potential tenants to enter a mutual agreement. It also provides for fewer surprises, such as a tenant ending a lease contract early.

• Their preferred move-in date – This ensures you will complete your turnover process in time for a new tenant.

• How many tenants will live in the unit - Ensure to only ask how many people will be living in the unit. Specifically asking tenants how many children will be living in the unit is illegal. 

• If they own any pets – Landlords can clarify their rules regarding pet policies or restricted pets with this question.

• If they smoke – Depending on your policy, you may not want your rental to smell like smoke. Learning if your tenant is a smoker may help you decide whether to accept their application.

• For references – The best indicators of a great potential tenant are their previous landlords. Ask your tenant to provide the contact information of earlier landlords and converse about the tenant’s ability to pay rent on time and abide by a lease.

Lastly, it’s essential to elect a tenant with whom you can form a good landlord-tenant relationship. Sometimes, a tenant is more than their rental or credit history. Ask your tenant the right questions and see if their personality is a good fit. If their record isn’t ideal, gently decline the tenant’s rental application. However you decide, always research local laws to verify you can legally accept or legally deny a potential tenant. 

Step Ten: Make the Most Important Step with Apartments.com: Create an Air-Tight Lease 

Many things run full circle, and evictions are no exception. They often begin with the same tool they end with: a lease agreement. A lease agreement is a signed contract between a landlord and a tenant. It states the amount of rent renters should pay, the frequency they should pay it, and the rules they should abide by throughout the lease term. Once landlords and tenants sign the agreement, they are bound to the contract’s terms.  

When a tenant violates a lease, the agreement is the number one form of evidence courts can use to rule their decision. How long the eviction process is can sometimes be traced back to how thorough a lease agreement is. Thus, creating an air-tight lease is essential to both avoiding eviction and guaranteeing your protection if it happens. 

There’s an easier way to create lease agreements. Just use Apartments.com! With our Rental Tools platform, you can easily create a lease that fits your property and your standards. Our fully customizable lease agreements are state-specific and legally binding, meaning you can create a lease no matter where your property is located, and it will adhere to all state laws and local ordinances. Once your lease is created, your tenants can quickly sign online. No more hand-delivering paper leases and then trying to find a place to store them! Apartments.com keeps all your leases neatly organized and accessible so you can reference them whenever you like.