An eviction is a legal process that landlords use to remove a tenant from a rental property. It’s not a pleasant topic, but evictions are a part of property management. You may have thoroughly screened all of your renters online before approving them to live in your rental. No matter how great their credit or rental history looks, you could still end up in a sticky situation.
Because evictions must follow a legal process, landlords need valid legal grounds to evict a tenant. If you’re unsure how local rules apply to your situation, consider speaking with a qualified landlord-tenant attorney before moving forward.
Let’s walk through the legal eviction process so you understand what to expect and how to stay compliant at each step. While exact requirements vary by state and city, most evictions follow a similar sequence—from providing the proper notice to filing in court if the issue isn’t resolved. Knowing these basics can help you avoid missteps, delays, and unnecessary costs.
What Is the Legal Eviction Process?
The eviction process typically includes the steps below—be sure to check with your county for any local requirements as well.
- First, deliver the legally required written notice (such as a pay-or-quit or cure-or-quit notice). Depending on local laws and the situation, the tenant may be given a set period to fix the issue or move out.
- If the tenant doesn’t leave, you take legal action with the local eviction court.
- Attend the hearing and state your case for why the tenant should be removed from the rental property.
- If the court rules in your favor, you’ll receive an order granting possession of the property within a certain number of days.
- Have the court order served to the tenant (and posted if required).
- Coordinate with local law enforcement for eviction day.
- Show up on eviction day with law enforcement and reclaim possession of the property.
- Immediately change the locks so the evicted tenant no longer has access to the property.
Be sure to avoid 'self-help' eviction tactics—like changing the locks or shutting off utilities. Even if you have good reasons to want a tenant out of your rental, actions such as these are illegal and can expose you to penalties, lawsuits, and intervention from local authorities. Instead, follow your local and state requirements.
What are Legal Reasons to Evict a Tenant?
There must be a just cause for you to evict the tenant, especially if you are attempting to terminate a fixed-term lease before the lease is up. If you’re dealing with month-to-month agreements, you can typically notify the tenant 30 days prior to the date of eviction. There are many reasons tenants get evicted, but the most common grounds for eviction include:
Not paying rent
If the tenant is not paying rent (nor the late fees), then you may have a just cause to terminate that tenant’s lease. There are very few legal exceptions that make non-payment of rent valid. For example, if you’re not keeping your property up-to-date, the tenant may have a valid reason for the court.
Expiration of lease
You may have a tenant who refuses to move out of your rental property when the lease term ends. When a lease expires and you have no desire to renew the lease, the tenant no longer has a right to occupy the property. Obtaining the court's approval makes it legally possible to evict the tenant from the premises.
Lease violation
If your tenant has violated the terms of the lease (and the issue has not been fixed within the required timeperiod according to the law in your jurisdiction), you'll have a just reason to petition the court for approval to have the tenant removed.
Lease violations include non-permitted actions you have outlined in the lease agreement, such as unauthorized long-term house guests, pets (if they’re not allowed period or the tenant did not pay the required pet fees), illegal use of the rental property (such as sub-leasing or running a business out of the property), or an abundance of noise complaints (such as loud parties or is unwilling to respect local quiet hours).
Illegal activity
The type of illegal activity that warrants an eviction by the court depends upon the property's location, but in most places, any drug-related activity is just cause for seeking a legal eviction. Law enforcement and local government do not take illegal activity lightly, so if your rental is being used to engage in such activities, do not ignore it. Not only does illegal activity give your rental a bad reputation, it may increase your liability and costs (repairs, renovations, etc.), and it may make it harder to find great future tenants.
Property damage
The last thing you want to deal with is a tenant damaging your property. You put time, money, and effort into owning and/or managing your investment. If a tenant is neglecting the unit or causing damage, you may have legal options to address it.
Reasons for Eviction: Final Reminders for Landlords
Keep in mind that while you may have valid legal grounds to pursue an eviction, the outcome often depends on your lease terms and your state and local requirements. Start with the correct written notice, document the issue carefully, and follow the court process if the tenant doesn’t comply. Taking the proper steps helps protect your property, reduces delays, and lowers your risk of fines or legal disputes.
Originally published on September 9, 2019 and has been updated.
