The Eviction Process: Step-by-Step Legal Guide

An eviction is a court case: you serve the written notice your state requires, file a lawsuit if the tenant does not pay or leave, win a judgment for possession, and have a sheriff or constable carry it out. You may not change the locks, shut off utilities, or remove the tenant's belongings yourself. California's courts say the court stage alone takes 30 to 45 days or more after the tenant is served, and a notice with the wrong amount or deadline can cost you the case.

The steps from notice to lockout

1. Serve the right notice. A pay-or-quit notice demands the unpaid rent, a cure-or-quit notice demands that the tenant fix a lease violation, and a termination notice ends a month-to-month tenancy where state law allows it. In California, a unit covered by the Tenant Protection Act needs a just cause stated in the notice once the tenancy reaches 12 months, and a no-fault termination requires paying one month's rent toward relocation within 15 days of serving the notice, or waiving the final month's rent in writing. The notice must tell the tenant about that payment or waiver, and a notice that misses any of these steps is void. State law sets each deadline and delivery method; record the date, the method, and who delivered it. Check city and county rules too: local rent control and just-cause ordinances can limit the reasons you may evict and require higher relocation payments.
2. Wait out the deadline. If the tenant pays the full amount demanded or fixes the violation in time, the tenancy continues and you have no case.
3. File the lawsuit. File an eviction complaint with the court that hears evictions where the rental is located and pay the filing fee. Then have the court's summons and your complaint formally served on the tenant.
4. Get a judgment. If the tenant does not respond in time, ask for a default judgment, which the court enters without a trial. If the tenant responds, the case goes to a hearing or trial and the judge decides. In California, you ask for a trial date by filing a Request to Set Case for Trial (form UD-150), and the court usually sets the trial about a month later.
5. Enforce the judgment. After a judgment for possession, get a writ (the order the sheriff carries out) from the court clerk and deliver it to the sheriff or constable. The officer posts a final notice, then removes anyone still inside and returns the unit to you.

How long each stage takes in three states

These are minimums; service problems and postponements add time. In Florida, a tenant who raises any defense other than payment must also, within those 5 days, deposit the rent claimed with the court or ask the court to set the amount; if the tenant does neither, you can get a default judgment and the writ without a hearing.

What an eviction costs

In most California counties, filing an eviction (unlawful detainer) complaint costs $240 when you claim $10,000 or less and $385 for claims over $10,000 up to $35,000, and the clerk charges $40 to issue the writ. The sheriff charges a separate fee for the lockout, which is added to the judgment if you win.

Lost rent costs more. Example: the rent is $2,100 a month, about $69 a day. If the notice and filing take 10 days and the court stage takes the 30 to 45 days California's courts describe, the unit earns nothing for 40 to 55 days. That is about $2,760 to $3,800 of rent, plus $280 in filing and writ fees, the process server, the sheriff, and a lawyer if you hire one.

Compare that total with a payment plan or an agreed move-out date before you file; dealing with difficult tenants covers those options, and legal compliance for landlords covers the fair housing rules that also apply when you evict. Self-managing vs. hiring a property manager compares the cost of having a manager handle notices and filings.

What to file and bring to the hearing

• The signed lease and any amendments or renewals.
• The notice you served and proof of delivery: the date, the method, and who delivered it. If someone else delivered it, bring that person or their signed proof of service.
• A rent ledger showing every charge and payment through the hearing date.
• Dated photos, inspection reports, warnings, and messages that show the violation or damage.
• If the tenant did not respond: the military status affidavit federal law requires before a default judgment (see below).

Mistakes that get cases dismissed or delayed

• A defective notice. The wrong number of days, a deadline that counts days the statute excludes, a missing required detail, or a delivery method the statute does not allow can get the case dismissed. In California, a 3-day notice must state the rent actually due plus the name, address, and phone number of the person to pay, and a notice that demands more than is due is a recognized tenant defense.
• Accepting rent mid-process. In California, accepting the full past-due rent after the 3-day notice expires gives up the right to evict for that late payment, and you do not have to accept a partial payment. Under Fla. Stat. 83.56(5), a Florida landlord who takes partial rent after posting the notice must give a receipt showing the date, the amount, the balance, and the agreed date for paying it before filing; deposit the partial payment with the court when filing; or post a new 3-day notice for the new amount.
• Retaliation. California presumes an eviction is retaliatory if it starts within six months after a tenant who is current on rent used repair-and-deduct, complained about conditions to you or a code agency, sued over conditions, or had the unit inspected; you then have to prove you had no retaliatory motive.
• Self-help. Skipping the court order exposes you to damages. In Florida, a tenant who is locked out or has utilities cut off can recover actual and consequential damages or 3 months' rent, whichever is greater, plus court costs and attorney's fees.

Federal rules that apply to some rentals

Federally backed or assisted properties. The CARES Act bars the landlord of a covered property from making a tenant leave until 30 days after a notice to vacate. A property is covered if its mortgage is owned or backed by Fannie Mae or Freddie Mac or insured or guaranteed by FHA, VA, or USDA, or if it takes part in a federal housing program such as Housing Choice Vouchers (Section 8). A May 2026 Congressional Research Service report found that most courts to rule treat the requirement as still in effect for evictions over unpaid rent and require the 30 days to pass before filing. Fannie Mae and Freddie Mac stopped enforcing it in fall 2025, but the law has not been repealed. If your loan or program might be covered, ask your loan servicer, and give a 30-day notice to vacate before filing for unpaid rent.

Tenants in the military. The Servicemembers Civil Relief Act adds two requirements:

• Before a court can enter a default judgment, you must file an affidavit (a sworn statement) saying whether the tenant is in military service. The Defense Department's SCRA website reports active-duty status. If the tenant is serving, the court must appoint a lawyer for them before entering judgment.
• If the tenant is in military service, or their dependents live in the unit, and the rent is $10,542.60 a month or less (the 2026 limit), the court can pause the case for 90 days, or adjust the lease, when military service materially affects the tenant's ability to pay. Evicting them without a court order is a federal crime.

After you get the unit back

• Handle belongings under your state's rules. In California, you must store what the tenant leaves with reasonable care. The tenant can reclaim it within 15 days by paying reasonable storage costs; after that, mail a pickup notice and wait until its deadline passes. Before selling unclaimed items at auction, publish the sale's time and place in a newspaper of general circulation in the county of sale once a week for two successive weeks, with the last publication at least 5 days before the auction. You may keep the items if you reasonably believe their total resale value is less than $700. In Florida, you may move belongings to or near the property line when the sheriff executes the writ.
• Settle the deposit on time. The deposit deadline still applies after an eviction: in California, an itemized statement and any refund are due within 21 days after the tenant leaves. Security deposit management covers deductions for unpaid rent and damage.
• Collect the judgment. Ask the court clerk how to enforce a money judgment for back rent and costs; state law decides which wages and bank funds you can collect from.
• Document and re-rent. Photograph each room before cleaning, change the locks, and review your criteria before the next lease with the tenant screening process.