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.

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.

• 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.

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.

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.

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.