Evicting a Tenant? Don't Skip These Steps

Know your legal requirements

May 26, 2025

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Evicting a tenant isn’t like asking someone to leave a dinner party—it’s a legal action, and if you get it wrong, it can cost you big.

Whether you're a seasoned landlord or just bought your first rental, here are the legal basics you need to know before serving that notice.

🧾 1. Check Your Lease First

Yes, that document you had them sign matters now more than ever. Make sure:

  • The lease clearly spells out rules, rent amounts, and timelines

  • The lease violation you’re citing is legit (nonpayment, damage, illegal activity, etc.)

  • You aren’t violating any early termination clauses you agreed to

📍 2. Know Your State (and Local) Laws

Eviction laws vary wildly:

  • Notice periods can range from 3 to 60 days

  • Some cities require “just cause” eviction laws—you need a legally valid reason to evict

  • Rent-controlled areas can limit your options entirely

Always check local ordinances, not just state law.

📢 3. Serve the Right Notice the Right Way

You can’t just text “you’re out.” Depending on your state, notices may need to be:

  • Physically posted on the door

  • Mailed and posted

  • Delivered via certified process server

Use the exact notice type required:

  • Pay or quit

  • Cure or quit

  • Unconditional quit

⚖️ 4. Don’t Self-Evict (Seriously)

Locking them out? Turning off utilities? Dumping belongings?

Illegal. And it can trigger:

  • Lawsuits

  • Fines

  • Delays in actual eviction

Let the court system do its job—even if it’s slow.

🏛️ 5. Be Prepared to Go to Court

If the tenant doesn’t leave, you’ll need to:

  • File for unlawful detainer

  • Show up with documentation (lease, payment records, photos, notices)

  • Be calm, factual, and professional

If granted, you’ll get a writ of possession—then the sheriff handles removal.

🚫 Bottom Line

Evictions are high-stress legal landmines. Do it right, and you regain control of your property. Do it wrong, and you could be writing checks to your former tenant’s attorney.

Pro Tip: If in doubt, hire a local eviction attorney. It’s cheaper than doing it twice.