How eviction works: the process from start to finish

In every U.S. state, a landlord who wants a tenant to leave and cannot reach an agreement must go through the courts. Only a court can order a tenant out, and only a sheriff, marshal or constable can carry out that order. A landlord who changes the locks, removes belongings or shuts off utilities to force a tenant out is doing an illegal “self-help” eviction almost everywhere.

Most evictions start with a written notice from the landlord. The notice tells the tenant what is wrong (for example, unpaid rent) and how many days they have to fix it or move. Each state sets its own notice types and periods — anywhere from no notice at all to 90 days or more — and the rules often differ by the reason for the eviction.

If the notice period ends and the problem is not solved, the landlord can file an eviction case with the local court. The case has different names in different states: summary dispossess, unlawful detainer, forcible entry and detainer, summary process, dispossessory, possessory action. The landlord files a complaint (sometimes with a summons) and pays a filing fee.

The tenant must be formally served with the court papers, usually by a sheriff, constable, marshal or professional process server. The papers say when the tenant must respond — by filing a written answer, by appearing at a hearing, or both.

Eviction hearings are usually quick. Both sides can present evidence: the lease, the notice and proof of service, rent records, photos, messages and witnesses. Many courts offer mediation on the day of the hearing, and many cases end in a written settlement (for example, a payment plan or a move-out date).

If the landlord wins, the court enters a judgment for possession and, in many states, for money owed. The landlord then asks the clerk for a writ or warrant of possession. After a short waiting period the sheriff or marshal posts a final notice and, if the tenant is still there, removes them. Some states give tenants extra time or a chance to pay and stay (“redemption”).

An uncontested eviction for unpaid rent can take from about two weeks to two months depending on the state and the court’s schedule. Contested cases, jury trials, appeals, bankruptcy filings and local rules can make it much longer.