Eviction Process Checklist

Confirm the lease covers the current period — month-to-month conversions and unsigned renewals are common gotchas. Check for any state-required addenda (lead-paint disclosure for pre-1978 buildings, bedbug disclosure in NYC, mold or megan's law disclosures per state) so the file is defensible at hearing.

Non-payment, lease violation, and holdover each follow different notice periods and procedures under your state landlord-tenant act. Misclassifying the violation is a common reason for dismissal.

Export the full ledger from AppFolio, Buildium, Yardi, or Rent Manager — every charge, payment, NSF, and late fee. For non-payment cases, the ledger is the primary evidence; reconciling it now prevents a tenant counter-claim of misapplied payments at hearing.

Cure periods vary sharply by state and violation type — Texas 3-day for non-payment, California 3-day for non-payment and 30/60-day for no-cause termination, Florida 3-day. Most states publish a required notice form; using your own wording is a frequent dismissal reason. Check whether weekends or holidays toll the period.

Attach dated photos, written communication, prior warning letters, and any witness statements. For lease violations, photograph the condition. For holdover, attach the lease end date and any non-renewal notice already sent.

Use the state's required notice form verbatim. Include the exact dollar amount past due (for non-payment), the specific lease clause violated (for lease cases), the cure-or-quit deadline, and the landlord's address for delivery of cure payment. Generic forms downloaded from the internet are a common dismissal reason.

Use a legally-recognized method per your state: personal service, conspicuous posting on the door, or certified mail with return receipt. Some states require nail-and-mail (post plus mail). Document the date, time, method, and server's name — service defects are the most common reason filings get dismissed.

Record every call, text, email, and in-person conversation in the tenant's file. Note any partial payment offers — accepting a partial payment can void the notice in some states and require re-service. When in doubt, route partial payments to the attorney before depositing.

Do not file with the court before the cure period expires — courts dismiss premature filings on the spot. At the end of the period, confirm the tenant's status: cured (paid in full or remedied), vacated voluntarily, or still in violation.

Most states allow self-filing for unlawful detainer / summary process actions, but local rules and tenant counter-claims (warranty of habitability, retaliatory eviction defenses) make attorney representation worth the $400-$1,200 typical fee. Send the attorney the lease, ledger, notice, and proof of service.

File in the housing or justice court for the property's jurisdiction — the wrong venue is an automatic dismissal. Pay the filing fee (typically $50-$250). Attach the served notice, proof of service, lease, and ledger as exhibits.

Most states require service by sheriff or licensed process server — landlord cannot serve themselves. The tenant's response window (typically 5-10 days) starts from the date of service, not filing.

Three copies — judge, tenant, landlord. Include the lease and addenda, full ledger with running balance, the served notice, proof of service, photo evidence, and any relevant text or email exchanges. Tab and number every exhibit.

Arrive 30 minutes early. The property manager who served the notice and pulled the ledger should attend as the witness — not a regional manager unfamiliar with the file. Be prepared for warranty-of-habitability counter-claims; have the maintenance work-order history printed.

Some states require a brief waiting period (5-10 days) after judgment before the writ issues, allowing the tenant to appeal or vacate voluntarily. File the writ request as soon as that period ends.

Coordinate with the sheriff's civil division for the lockout date — backlogs of 1-4 weeks are common in major metros. Self-help eviction (changing locks without the sheriff present) is illegal in nearly every state and exposes the manager to wrongful-eviction damages.

Rekey or replace all exterior locks the moment the sheriff completes the lockout. The cost is $80-$150 per unit; a former tenant retaining keys is an open liability for the next move-in.

State statutes set the abandoned-property procedure — photograph everything, store for the state-required period (commonly 15-30 days), send written notice to the tenant's last known address, and dispose of or sell only after the period expires. Skipping this step invites a conversion claim.

Compare against the move-in inspection. Capture every room, every wall, every appliance with timestamped photos — this is the basis for security-deposit deductions and any damages claim against the former tenant.

State law sets a hard window (commonly 14-30 days from possession) for the itemized statement and any refund balance. Missing the window can forfeit the right to deduct AND trigger statutory damages of 2-3x the deposit. Apply the deposit to the judgment balance and document the math line by line.

Forward the money judgment, deposit accounting, and last-known address to your collections agency or attorney. Report to the credit bureaus through your screening provider (TransUnion SmartMove, Experian RentBureau) so the next landlord sees the eviction in the file.

Retain the lease, ledger, all notices and proofs of service, the filed complaint, the judgment, the writ, the lockout report, deposit accounting, and recovery photos. State retention is typically 3-7 years post-disposition; FCRA-related screening records have separate retention rules.