Eviction Process Checklist

Categorize the violation: non-payment of rent, curable lease violation (unauthorized pet, occupant, noise), holdover after lease term, or illegal activity. Each category has different notice forms and cure timing under state landlord-tenant law. Pull the rent ledger if this is a non-payment case.

Retrieve the signed lease, all addenda (pet, parking, smoke, HOA rules), prior renewal documents, and any written notices already sent. Month-to-month conversions and unsigned renewals are common procedural defects courts dismiss on.

Notice periods vary materially by state and violation type — California requires a 3-day pay-or-quit for non-payment; Texas allows 3 days; New York requires 14 days; some jurisdictions require 30 days to terminate month-to-month. Confirm both the statutory period and the required form language before drafting.

Use your state's required notice form verbatim — most state landlord-tenant divisions publish approved templates. Generic notices drafted from internet templates are a common reason filings are dismissed. Include the exact past-due amount, the specific lease section violated, and the cure deadline calculated from the verified notice period.

Use a service method recognized by your state: personal service on the tenant, nail-and-mail (post and certified mail), or certified mail with return receipt. Some states require both posting and mailing. Capture date, time, address, server name, and method on the proof-of-service affidavit — this exhibit goes into the court file later.

Do not file with the court before the cure period expires — premature filings get dismissed and you restart the clock. At the end of the period, confirm whether the tenant paid in full, cured the violation, vacated voluntarily, or remains in default.

File the unlawful detainer (or forcible entry and detainer) complaint with the appropriate housing or justice court for the property's jurisdiction. Attach the lease, the served notice, the proof-of-service affidavit, and the rent ledger for non-payment cases. Filing fees vary by county.

The summons must be served by an authorized process server, sheriff, or constable — landlords cannot self-serve. Confirm the server's return-of-service affidavit lists the date, time, and exact method. Tenants typically have 5-10 days to file an answer depending on jurisdiction.

Bring the original lease, the served notice with proof of service, the rent ledger, photographs of any lease violations, and any tenant communications. Anticipate common tenant defenses — warranty of habitability, retaliation claims, improper notice — and bring rebuttal evidence. The judge may grant possession, continue for further hearing, or dismiss.

The writ of possession is the order directing the sheriff to physically remove the tenant. Submit the writ request to the court clerk along with any required fee. Most jurisdictions issue the writ 5-10 days after judgment to allow a final voluntary vacate window.

Coordinate the lockout date with the sheriff's civil division — slots are typically booked 1-3 weeks out depending on county workload. Confirm a locksmith is available on-site and that you or your representative can attend with the writ in hand.

Re-key all exterior locks, garage access, mailboxes, and reset smart-lock codes immediately upon sheriff release of the unit. Document the date and time the property was secured. Tenant belongings remaining in the unit are subject to your state's storage-and-notice procedure — do not discard until the statutory storage period elapses.

Total unpaid rent through the date of possession, late fees per the lease (capped by state statute in many jurisdictions), court filing costs, sheriff fees, and attorney fees where the lease and state law allow. Damages beyond ordinary wear and tear come off the security deposit in the disposition statement.

State security-deposit law sets the deadline — commonly 14, 21, or 30 days from possession — to deliver an itemized statement and any refund to the tenant's last known address. Include receipts or contractor estimates for every charge. Missing the deadline can forfeit the deposit and trigger statutory penalties (California Civil Code §1950.5 is a frequently-cited example).

For balances above your write-off threshold, refer the account to a collections agency licensed in the tenant's state, or report to a tenant-screening database such as RentBureau or Experian RentBureau. Confirm FDCPA compliance with your collections vendor. Small-claims court is an alternative for amounts under the jurisdictional cap.

Walk the unit alongside the original move-in inspection checklist; compare each room to the move-in condition photos. Photograph every damaged area with a date-stamped camera. Major damage — drywall holes, broken appliances, flooring replacement — needs itemized contractor estimates before the disposition statement goes out.

Standard make-ready scope: paint touch-up or full repaint, carpet cleaning or replacement, deep clean, HVAC filter swap, smoke and CO detector battery replacement, and the repair list from inspection. Coordinate with your preferred make-ready vendor — typical turnaround is 5-10 business days for a standard unit.

Photograph the unit post-make-ready, refresh the rent comp analysis, and list across rental platforms (Zillow Rentals, Apartments.com, Rent., your brokerage IDX feed). Re-pull a market rent comparison — rates likely moved during the eviction timeline, and last-quarter's price may no longer be accurate.