Eviction
In one sentence
The legal process by which a landlord removes a tenant from rental property.
Plain English
Eviction is the formal legal process a landlord uses to force a tenant to leave the property. The landlord must have a valid reason—such as non-payment of rent, lease violation, or the end of the lease term—and must follow strict procedural rules, which vary by state. Typically, the landlord must give written notice (often 30 days or more), file a case in court, and obtain a judgment from a judge before the tenant can be physically removed. A tenant has the right to defend themselves in court and present their side of the story.
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Example
A tenant stops paying rent for three months. The landlord serves a notice to pay or quit, giving the tenant 10 days to pay or leave. When the tenant does neither, the landlord files for eviction in court. After a hearing where both sides present evidence, the judge orders the tenant to vacate within 5 days.
Used in a sentence
“The landlord initiated eviction proceedings after the tenant repeatedly violated the lease by operating a business from the apartment.”
How Eviction differs by state
Eviction can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama requires landlords to provide 7 days' written notice before filing eviction for non-payment of rent.
Alaska
Alaska mandates 24 hours' notice for non-payment and 10 days' notice for other lease violations before eviction.
Arizona
Arizona requires only 5 days' written notice for non-payment before eviction filing, with no cure period.
Arkansas
Arkansas requires 3 days' written notice for non-payment before eviction, with no cure right unless the lease provides one.
California
California requires 3 days' notice for non-payment and generally mandates just cause for eviction of residential tenants.
Colorado
Colorado requires landlords to provide 10 days' written notice before filing for eviction for non-payment of rent.
Connecticut
Connecticut requires landlords to provide three days' written notice before filing eviction for non-payment of rent.
Delaware
Delaware requires landlords to provide five days' written notice before filing eviction for non-payment of rent.
Florida
Florida requires landlords to provide three days' written notice before filing eviction for non-payment of rent.
Georgia
Georgia requires landlords to provide three days' written notice before filing eviction for non-payment of rent.
Hawaii
Hawaii requires landlords to follow strict notice periods and prove "just cause" for most evictions.
Idaho
Idaho allows relatively quick evictions with minimal notice requirements and few tenant protections.
Illinois
Illinois requires 5 days' notice for non-payment and follows a formal court process with tenant rights to respond.
Indiana
Indiana allows evictions with 10 days' notice for non-payment and follows a straightforward court process.
Iowa
Iowa requires 3 days' notice for non-payment and allows evictions through a streamlined court process.
Kansas
Kansas requires landlords to provide written notice and follow strict statutory procedures before filing eviction in district court.
Kentucky
Kentucky requires landlords to provide written notice before filing a forcible detainer action, with timelines varying by violation type.
Louisiana
Louisiana treats eviction as a lease termination requiring written notice and a separate civil action, with notice periods varying by cause.
Maine
Maine requires landlords to provide written notice and follow strict procedural rules; courts may refuse eviction if notice is improper.
Maryland
Maryland requires landlords to provide written notice and file a complaint in district court; courts may stay eviction in hardship cases.
Massachusetts
Massachusetts requires landlords to provide "just cause" for eviction and follow strict notice and court procedures.
Michigan
Michigan requires landlords to provide written notice matching the lease term length before filing for eviction.
Minnesota
Minnesota requires landlords to provide written notice and file in court; tenants have strong defenses including habitability claims.
Mississippi
Mississippi allows eviction with minimal notice and limited tenant defenses compared to many other states.
Missouri
Missouri allows eviction with minimal notice and streamlined court procedures favoring landlords.
Montana
Montana requires landlords to provide 30 days' written notice before filing for eviction for non-payment.
Nebraska
Nebraska allows eviction for non-payment after just 3 days' notice, making it one of the fastest processes.
Nevada
Nevada requires only 5 days' notice for non-payment eviction, one of the shortest periods in the nation.
New Hampshire
New Hampshire requires 30 days' notice to quit for most evictions, with limited grounds for immediate removal.
New Jersey
New Jersey provides strong tenant protections, requiring "just cause" for eviction and allowing 30 days' notice minimum.
New Mexico
Landlords must provide 3 days' written notice before filing eviction for non-payment of rent.
New York
New York requires 3 days' notice for non-payment and 30 days for lease violations; eviction cases proceed through Housing Court.
North Carolina
North Carolina allows eviction for non-payment with 10 days' notice; the process is called 'summary ejectment.'
North Dakota
North Dakota requires 3 days' notice for non-payment; evictions proceed through district court with minimal tenant protections.
Ohio
Ohio requires 3 days' notice for non-payment; evictions are called 'forcible detainer' actions and filed in municipal or common pleas court.
Oklahoma
Oklahoma requires landlords to provide written notice and file suit in district court; eviction takes 10+ days minimum after judgment.
Oregon
Oregon requires 30+ days' notice for most terminations and imposes strict "just cause" requirements; retaliation protections are strong.
Pennsylvania
Pennsylvania requires a 10-day notice for nonpayment and uses a summary ejectment process; eviction can proceed relatively quickly once judgment is entered.
Rhode Island
Rhode Island requires 30 days' notice for month-to-month tenants and uses a summary process; court involvement is mandatory before removal.
South Carolina
South Carolina requires 5 days' notice for nonpayment and allows quick court proceedings; eviction can be completed in 2–3 weeks.
South Dakota
South Dakota requires landlords to provide 3 days' notice before filing for eviction for non-payment of rent.
Tennessee
Tennessee requires 30 days' notice for month-to-month tenancies and allows quick court proceedings called "detainer" actions.
Texas
Texas requires written notice of lease violation or non-payment, then allows eviction suit filing if tenant does not cure within the notice period.
Utah
Utah requires written notice and allows eviction suits to proceed quickly through civil court with a 3-day notice period for non-payment.
Vermont
Vermont requires 30 days' notice for most evictions and imposes strict procedural requirements protecting tenant rights.
Virginia
Virginia requires landlords to provide written notice and obtain a court judgment before removing any tenant.
Washington
Washington requires 20–30 days' notice for most evictions and mandates court involvement with tenant defense rights.
West Virginia
West Virginia requires a court judgment and generally allows 10 days' notice before eviction proceedings begin.
Wisconsin
Wisconsin requires 5 days' notice for non-payment and full court proceedings with strict procedural requirements.
Wyoming
Wyoming requires 3 days' notice for non-payment and allows eviction through district court with tenant defense rights.
District of Columbia
DC requires landlords to provide 30 days' notice for non-payment and 30 days for other lease violations before filing eviction.
Related terms
Tenant Rights
Legal protections and entitlements that renters have regarding their leased property and living conditions.
Security Deposit
Money a tenant pays upfront to a landlord as a guarantee against damage or unpaid rent.
Breach of Contract
Failure to do what a contract requires, without a valid legal excuse.
Due Process
The constitutional right to fair legal procedures and treatment by the government.
Notice
A formal written communication required by a contract to inform the other party of something important.
Homestead Exemption
A legal protection that shields a primary residence from creditors' claims up to a certain value.
Implied Warranty of Habitability
A landlord's legal duty to maintain rental property in safe, livable condition.
Adverse Possession
Gaining legal ownership of land by occupying it openly and continuously for a set period.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.