Tenant Eviction Checklist

Pull the executed lease, any addenda, and prior renewals from the tenant file in AppFolio, Buildium, or your PMS. Confirm whether the tenancy is fixed-term, month-to-month, or holdover — each carries different notice requirements under your state's landlord-tenant act. Unsigned renewals and verbal month-to-month conversions are common gotchas.

Grounds drive everything downstream — notice form, cure period, and court process all flow from this. For non-payment, pull the ledger and confirm the balance net of any partial payments (accepting partial rent waives the notice in some states). For lease violations, document the specific clause breached.

Notice periods are state- and grounds-specific: Texas uses 3-day notice to vacate for non-payment; California uses 3-day notice to pay or quit; Florida uses 3-day (excluding weekends/holidays). Curable lease violations often require 10-30 days. Confirm the current rule in your state's landlord-tenant statute (Tex. Prop. Code §92, Cal. CCP §1161, Fla. Stat. §83) before drafting.

Attach the rent ledger, prior late notices, dated photos for property damage, written communication with the tenant, and any HOA or neighbor complaints for nuisance grounds. Courts dismiss filings that arrive without a clean paper trail tying the breach to the specific lease clause.

Use your state's required notice form verbatim — do not paraphrase. Include the tenant's full legal name, unit address, exact amount due (if non-payment), the specific lease clause breached (if violation), the cure deadline, and the consequence of non-cure. Custom language is a frequent dismissal reason.

Most states recognize personal service, substitute service on an adult occupant plus mailing, or post-and-mail when the tenant cannot be reached. Certified mail alone is insufficient in many jurisdictions. Photograph the posted notice with a timestamp and retain the green card if mailing.

Do not file the unlawful detainer before the cure period expires — courts dismiss premature filings and you restart the clock. Count calendar days from service per state rule (some states exclude weekends and holidays). If the tenant tenders full rent within the period for non-payment grounds, acceptance generally waives the notice.

Draft the complaint (called unlawful detainer, summary process, forcible entry and detainer, or eviction complaint depending on jurisdiction). Attach the lease, the served notice, proof of service, and the rent ledger. Engage eviction counsel if your portfolio doesn't justify in-house legal — a $300-500 attorney filing fee is cheaper than a dismissal.

Filing fees range $50-400 depending on jurisdiction. Request issuance of the summons at filing — some courts issue automatically, others require a separate request. Code the fee against the unit in your PMS for owner-statement transparency.

Use a process server or sheriff — landlord self-service of court papers is prohibited in most states. The proof of service must be filed back with the court before the hearing or the case is continued. Verify the server's affidavit lists the correct address, date, time, and method.

Bring three copies (court, tenant, manager): the lease, all notices with proof of service, the rent ledger, payment records, photos of any property damage, and any written tenant communications. Tab and number each exhibit. Pro-se tenants frequently raise habitability defenses — bring maintenance work-order history to rebut.

Most judgments give the tenant 5-10 days to vacate voluntarily. Do not enter the unit, change locks, or remove belongings during this window — self-help eviction is illegal in every state and exposes the firm to wrongful eviction damages, often 2-3x the security deposit plus attorney fees.

If the tenant doesn't vacate after judgment, file the writ of possession (or warrant of restitution / writ of restitution depending on state). The clerk issues the writ and forwards to the sheriff or constable for scheduling. Only a sworn officer can perform the lockout.

Sheriff scheduling backlogs run from a few days to several weeks depending on county. Confirm a locksmith is on-site at the lockout window and that you have a maintenance tech available to secure the property. Some jurisdictions require the manager to be present.

Rekey or change locks immediately after the sheriff completes the lockout. Photograph every room and any belongings left behind. State abandoned-property rules vary widely — some require storage for 15-60 days with written notice before disposal; others allow immediate disposal at the curb. Mishandling belongings is a frequent counterclaim.

Apply the security deposit against the judgment balance and unit damages, then send the itemized statement within the state-required window (14 days in MA, 21 in CA, 30 in TX, 15-60 in FL). Missing the deadline can forfeit the right to deduct and trigger statutory damages of 2-3x the deposit.

If a deficiency remains after the deposit is applied, place the account with a collections agency or file an abstract of judgment to lien the tenant. Report the judgment to tenant-screening bureaus (TransUnion SmartMove, Experian RentBureau) so future landlords see the eviction. Confirm FCRA-compliant adverse-action language.

File the lease, all notices, proofs of service, court papers, judgment, writ, and lockout documentation in the tenant folder for the state's retention period (typically 3-7 years). Mark the unit vacant in AppFolio/Buildium/Yardi, update economic vacancy metrics, and hand off to the make-ready coordinator.