Tenant Eviction Checklist

Pull the signed lease, any addenda, and the rent ledger from AppFolio, Buildium, or Yardi. Verify the lease covers the current period — month-to-month conversions and unsigned renewals are common reasons eviction filings get dismissed at the courthouse.

Cure periods vary by state and violation type. Texas: 3-day notice for non-payment. California: 3-day for non-payment, 30/60-day for no-cause. Florida: 3-day for non-payment. Look up the current rule in the operating state's landlord-tenant act before drafting the notice — wrong period is a top dismissal reason.

Attach the rent ledger, bounced checks, prior late-fee notices, and dated photos for any lease violations. Include written communications (text, email, portal messages) that establish a pattern. The strongest case is documentary, not testimonial.

Run any case involving a Section 8 voucher tenant, a disability accommodation request, an ESA / service animal dispute, or a possible retaliation claim past landlord-tenant counsel before serving notice. These cases attract Fair Housing scrutiny and counterclaims if mishandled.

Use your state's statutory notice form (e.g., California 3-Day Notice to Pay Rent or Quit, Texas Notice to Vacate). State the exact dollar amount owed or violation cited and the cure deadline calculated from the period verified earlier. Custom wording is a common dismissal reason.

Use a service method recognized by the operating state: personal service, posting on the door (post-and-mail), or certified mail with return receipt. Some states require two methods. Hold the certified mail receipt and any photo of the posted notice — these become court exhibits.

Do not file with the court before the cure period expires — judges dismiss premature filings on sight. Cure period varies (3 days non-payment in TX/CA/FL up to 30 days for some lease violations). At expiration, confirm whether the tenant cured, vacated, or remains in violation.

• Signed lease and any addenda
• Rent ledger and bounced checks
• The served notice with proof of service
• Written communications with the tenant
• Any photos documenting lease violations

Confirm any local court-specific cover sheet or summons form before filing.

File at the JP court (TX), housing court (MA, NY), or superior court (CA) for the unit's jurisdiction. Pay the filing fee (typically $50-300) and obtain the case number and hearing date. Some jurisdictions accept e-filing; others require in-person.

The summons and complaint must be served by the sheriff or a registered process server — not by the property manager. File the proof of service with the court before the hearing or the case will be continued.

Bring two copies of every exhibit. Lead with the lease, the ledger, the notice, and the proof of service — that sequence wins most non-payment cases. Be ready for tenant defenses: warranty of habitability, retaliation, improper notice, partial-payment acceptance.

Most judgments give the tenant 5-10 days to vacate voluntarily before a writ of possession issues. Confirm with a drive-by or onsite check at the deadline; do not enter or change locks unilaterally — that's a self-help eviction and creates damages exposure.

File the writ application with the court clerk; pay the writ fee. The writ authorizes the sheriff or constable to physically remove the tenant. Some jurisdictions issue same-day; others take 3-5 business days.

Coordinate with the sheriff's civil division and a locksmith — only the sheriff can effect the eviction, and they typically require the locksmith onsite to rekey immediately. Be present with the writ in hand.

Most states require written notice to the former tenant with a storage period (15-30 days typical) before disposing of belongings. Throwing items at the curb on lockout day creates a conversion claim — follow the statute even when the items appear worthless.

Sum unpaid rent through the recovery date, late fees per the lease, court costs, and any property damage beyond ordinary wear. Apply the security deposit per state ordering rules and issue the itemized statement within the state-required window (commonly 14-30 days).

Small claims caps vary by state ($5,000 in NY, $10,000 in CA, $20,000 in TX). For balances above the cap, file in the appropriate civil division. Bring the lease, ledger, itemized statement, and recovery photos as exhibits.

Once you have a money judgment, place it with a tenant-collections agency (Hunter Warfield, National Credit Systems, Rent Recovery Service). Most operate on contingency. Reporting to credit bureaus also flags the former tenant in future screening reports.