Eviction
Process

Step-by-step

1. Proper notice. Served per statute. Usually pay-or-quit for non-payment, cure-or-quit for lease violation, unconditional quit for serious breach.
2. Service. Personal service preferred; substitute service (someone over 14 at residence + mail) or conspicuous posting (nail to door + mail) as backup per state rules.
3. Notice period expires. 3 days (TX, FL, CA) to 30 days (end-of-tenancy). No filing during notice period.
4. File unlawful detainer / summons. County court with jurisdiction. Complaint + summons + filing fee ($50–300).
5. Serve summons. Sheriff, constable, or process server. Proof of service filed with court.
6. Tenant response period. 5–30 days depending on state. If no answer = default judgment.
7. Trial or default. Contested case goes to bench trial. Landlord presents lease, ledger, notice, service. Tenant presents defenses.
8. Judgment for possession. If landlord wins, court issues judgment + money damages (past rent, late fees, court costs).
9. Writ of possession. Clerk issues writ; sheriff or constable executes.
10. Physical removal. Sheriff schedules lockout, tenant belongings stored per state statute (FL stores for 30 days, others less).

Timeline by major state

• Texas (Prop Code §24.005): 21–45 days filing to lockout
• Florida (FS Ch 83): 30–50 days
• Georgia: 30–45 days
• Arizona: 30–45 days
• Ohio: 30–45 days
• Illinois (Cook County slower): 60–90 days
• Pennsylvania: 60–90 days
• California (CCP §1161): 60–120 days, longer in LA/SF
• Massachusetts (Ch 239): 90–180 days
• New Jersey: 60–180 days
• New York City (RPAPL 711–713): 90 days to 12+ months, heavily backlogged
• Washington (RCW 59.18): 60–120 days, just-cause post-2021

Notice types

• Pay-or-quit. Non-payment. Tenant pays within notice period (typically 3–14 days) or vacates. Most common.
• Cure-or-quit. Curable lease violation (unauthorized pet, subleasing, noise complaint). Tenant cures or vacates.
• Unconditional quit. Severe breach (criminal activity, serious property damage, repeated non-curable violations). Tenant must vacate; no cure option.
• End-of-tenancy notice. Month-to-month tenancy termination. 30–60 day notice depending on state and length of tenancy.

Just-cause eviction — restricts no-cause termination

• California (AB 1482 statewide, 2020). After 12 months tenancy, landlord needs just cause to terminate. Just causes: non-payment, breach, nuisance, criminal, owner move-in, substantial renovation, no-fault (with relocation payment).
• Oregon (SB 608, 2019). Similar just-cause plus statewide rent cap.
• Seattle, Portland, San Francisco, Berkeley, Oakland, NYC 2019 HSTPA. Just-cause required at municipal level.
• New York Good Cause (2024). Adopted in some NY municipalities, expanding just-cause to non-regulated units.
• Washington. Just-cause statewide since 2021.

Tenant defenses

• Improper notice. Wrong notice period, wrong address, wrong form. Dismissed; restart.
• Improper service. Failed service standards. Dismissed; restart.
• Rent acceptance after notice. Landlord accepted partial payment after filing. Waiver of breach. Start over.
• Warranty of habitability. Tenant withheld rent due to landlord failure to repair. Many states require rent escrow.
• Retaliatory eviction. Tenant complained to code enforcement; landlord files eviction. Statutes presume retaliation within 6 months of complaint.
• Discrimination. FHA protected class based denial. Case dismissed + damages.
• Bankruptcy automatic stay. 11 USC §362 halts eviction. Must file motion for relief from stay, adds 30–60 days.
• CARES Act 30-day notice. Federally subsidized housing still subject to 30-day pre-eviction notice.

Security deposit post-move-out

• Timeline. 14–60 days depending on state (TX 30 day, CA 21 day, NY 14 day, IL 30 day itemized).
• Itemization required. Written list of deductions with amounts. Receipts if over threshold ($125 CA, $600 TX).
• Normal wear and tear. Not deductible. Small paint scuffs, minor carpet wear = normal. Large holes, pet stains, smoke = damage.
• Bad-faith withholding. Many states impose 2–3x deposit penalty + attorney fees on bad-faith deduction (TX §92.109, CA CCP §1950.5).

Eviction cost

Typical cost in landlord-friendly state (TX/FL):
  Attorney:                 $500-1,500
  Filing fee:                 $100-300
  Service fee:                 $50-150
  Writ of possession fee:     $100-250
  Sheriff lockout:             $50-300
  Total legal:               $800-2,500

Plus:
  Lost rent during process: 2-3 months × $1,500 = $3,000-4,500
  Turnover costs: paint, carpet, repair:   $1,500-5,000
  Total: $5,000-12,000 typical

Tenant-friendly state (NY/CA/MA):
  Attorney:                $2,500-10,000+
  Lost rent:               6-18 months × $2,000 = $12,000-36,000
  Turnover:                $2,000-8,000
  Total: $20,000-60,000+

Common pitfalls

• Incorrect notice wording. Most common reason for dismissal. Use state-specific statutory forms, not generic.
• Accepting late rent after notice. Waives the breach. Start over. Either reject all partial payments or start fresh notice.
• Self-help eviction. Changing locks, turning off utilities, removing belongings without court order. Illegal; tenant wins damages.
• Wrong court / jurisdiction. Small claims vs. housing court vs. justice court. File in wrong venue = dismissal.
• Emergency pandemic-era remnant rules. Some cities retain tenant protections (Seattle, LA, SF, NYC, DC). Review local rules annually.
• Missed bankruptcy stay. Tenant files BK the day before eviction. Any post-filing action violates stay — civil penalties.
• Failure to mitigate. Some states require landlord mitigate damages by attempting to re-rent. Document re-rental efforts.