Eviction Process

Definition

Eviction is the most expensive and time consuming tenant issue a landlord can face, and the rules vary dramatically by state. The general process follows five steps: deliver a written notice of nonpayment or lease violation (3 day to 30 day notice, depending on state and issue), wait out the notice period, file an eviction lawsuit (called an unlawful detainer action in many states) at the local court, attend a court hearing (usually scheduled 2 to 6 weeks out), and if you win, have the sheriff execute the writ of possession to physically remove the tenant. Total timeline ranges from as little as 3 weeks in fast eviction states like Arkansas, Texas, and parts of Georgia to 6 months or more in slow eviction states like New York, California, New Jersey, and Illinois. Total cost of an eviction including lost rent, court fees, attorney fees, make ready costs after the tenant leaves, and re leasing expenses averages $3,500 to $8,000 per eviction, more in slow states. The best eviction strategy is thorough tenant screening up front and lease renewals with reliable tenants. When eviction becomes necessary, hiring a local landlord tenant attorney almost always pays for itself by avoiding procedural mistakes that reset the clock.

Example

Tenant stops paying rent in a landlord friendly state. Day 1: 3 day pay or quit notice delivered. Day 4: tenant has not paid or vacated. Day 5: file eviction lawsuit. Day 25: court hearing. Day 26: judgment for landlord. Day 35: sheriff executes writ. Total time 5 weeks. Total cost: 5 weeks lost rent + $250 filing fee + $150 sheriff fee + $800 attorney fee = approximately $3,000 to $3,500 all in.

Frequently asked

Related