How To Get Someone Evicted From Their Apartment Legally?

Understanding local eviction laws shields the landlord from costly mistakes and keeps the eviction notice on solid legal ground. Each jurisdiction sets its own notice period, defines valid grounds, and outlines tenant defenses; ignoring these details can invalidate the entire case and expose the landlord to liability.

Researching those statutes means digging into city codes, state statutes, and any recent case law; a quick read of state eviction law basics narrows the search, while a brief consultation with an attorney verifies interpretation and identifies required documentation. Armed with that knowledge, the landlord can move confidently to spot valid grounds for eviction in the next step.

Valid grounds for eviction differ by jurisdiction, yet most local eviction laws list a core set of tenant breaches that justify an eviction notice. Pinpoint the exact violation before drafting the eviction notice to stay compliant.

• Fails to pay rent after a written demand; notice periods usually range from three to five days, depending on local eviction laws.
• Sublets or assigns the lease without landlord approval, directly breaching the rental agreement.
• Conducts illegal activity on the premises, such as drug sales or prostitution, giving the landlord immediate cause.
• Causes damage beyond normal wear and tear, violating the lease's maintenance clause and risking costly repairs.
• Generates persistent nuisance - loud parties, aggressive pets, or repeated harassment - after documented complaints from neighbors.

Draft an eviction notice that follows the exact wording and timing rules of the local eviction laws, and plainly cites the valid grounds. A precise notice cuts disputes and smooths the filing stage ahead.

1. Verify the notice‑period length and acceptable service methods prescribed by the local eviction laws.
2. Title the document unmistakably, for example 'Notice to Vacate'.
3. List landlord's full name and address, tenant's full name, and the rental unit's address.
4. State the specific valid ground for eviction, quoting the lease clause or statutory provision referenced earlier.
5. Include the exact vacate date, calculated from the day of service and matching the required notice period.
6. Add a cure‑option clause if the local eviction laws allow it, and describe the consequences of non‑compliance.
7. Choose a legally recognized delivery method - certified mail, hand delivery, or posting per the jurisdiction - and retain proof of service for court filing.

File the eviction lawsuit correctly by submitting the complaint to the court that has jurisdiction over landlord‑tenant disputes in the property's location. The venue varies by state - often a housing, magistrate, or superior court rather than a small‑claims division - so verify the exact court before filing (as we covered above). Gather the signed eviction notice, proof of valid grounds, and any rent‑payment records, then follow these steps:

• Locate the appropriate court using the city or county's online portal; most municipalities list a dedicated 'Landlord‑Tenant' or 'Housing' division.
• Complete the statutory complaint form, entering the tenant's full name, address, and the precise reason for eviction; avoid vague language.
• Attach copies of the eviction notice and supporting documents; some courts require a filing fee receipt.
• Submit the packet in person or via the court's e‑filing system; confirm receipt with a docket number.
• Serve the tenant with the summons and complaint according to local rules - often by certified mail or a professional process server.

The next phase involves building a rock‑solid case for the hearing.

A rock‑solid case for court hinges on airtight documentation and organized evidence.

• Lease and rental history - original lease, any addenda, and a ledger of rent payments (bank statements, canceled checks, online receipts).
• Eviction notice chain - copy of the eviction notice, proof of service (certified mail receipt, sheriff's delivery log), and any follow‑up letters.
• Violation proof - dated photos or videos of illegal activity, property damage, or unauthorized occupants; inspection reports signed by a qualified professional.
• Communication record - email threads, text logs, or written warnings that show attempts to resolve the issue; include timestamps.
• Legal references - excerpts from local eviction laws that define the specific violation, plus any relevant case law supporting the landlord's position (see Nolo's eviction basics guide).
• Third‑party corroboration - police reports, neighbor affidavits, or contractor invoices that verify the tenant's breach.

Present the compiled packet at the hearing, label each exhibit clearly, and reference the corresponding valid ground while the judge reviews the evidence. A concise narrative that walks the court through the timeline eliminates confusion and forces the tenant's defenses into the background (because guesswork belongs in a mystery novel, not a courtroom).

Landlord enters the hearing armed with a concise timeline, copies of the eviction notice, lease, payment records, and any violation notices. Pack everything in a folder labeled 'Evidence' and rehearse a 30‑second opening that cites the valid grounds and references the relevant local eviction laws.

Arrive early, address the clerk by name, and wait for the judge's cue before speaking. When the tenant objects, respond point‑by‑point with the documented proof rather than anecdotes, and keep each reply under two sentences.

If the tenant fails to appear, request a default judgment and ask the court to issue a writ of possession immediately. Should the judge grant relief, note the execution date and coordinate with the sheriff's office for a lawful lockout. This seamless transition sets the stage for the next step - enforcing the court order without crossing legal lines.

Obtain the writ of possession from the clerk of court as soon as the judgment becomes final, then arrange for the sheriff or authorized constable to serve it. The official notice pins the enforcement date and gives the tenant a short, legally‑required notice window - often 24 hours in Texas, five days in California, and elsewhere defined by local eviction laws. Learn how a writ of possession works before scheduling the lockout.

The sheriff delivers a lockout notice, physically posts it on the door, and returns with a lock‑change crew at the appointed hour. Landlords must not change locks, shut off utilities, or remove tenant property without the officer present; doing so violates the court order and opens a contempt claim. After the sheriff confirms the tenant has vacated, the landlord may secure the unit and change locks.

Record every interaction - date the sheriff's arrival, photographs of the emptied apartment, and copies of all notices. Should the tenant refuse to leave after the officer's departure, file a motion for contempt rather than taking matters into your own hands. This documented trail becomes essential when seeking reimbursement of attorney fees and court costs in the next step.

Avoid these five common eviction pitfalls to keep the process lawful and efficient.

• Skip legal research: assuming a single notice period works everywhere leads to invalid notices; as we covered above, verify the exact timeframe for the specific eviction reason in your jurisdiction (e.g., 3‑14 days for nonpayment, up to 60 days for no‑fault cases).
• Serve the eviction notice improperly: delivering it by email or leaving it on a door when personal service is required can void the notice; follow the method mandated by local eviction laws.
• Cite the wrong ground: labeling a nonpayment issue as a nuisance, or vice‑versa, may be dismissed by the court; match the claim to the statutory valid grounds.
• File the lawsuit without proper documentation: missing rent ledgers, photographs, or prior communication weakens the case; gather every piece before filing.
• Attempt self‑help eviction: changing locks, shutting off utilities, or removing the tenant's belongings violates tenant rights and exposes the landlord to damages; let the court order enforcement.

Recovering the monetary judgment after a successful eviction hinges on enforcing the court's order, not reopening the case. Once the eviction judgment is entered, the landlord petitions the same court for a writ of execution, then serves the sheriff or marshal to seize the tenant's bank accounts, wages, or non‑essential personal property. If the tenant works for a private employer, the landlord can request a wage‑garnishment lien; for self‑employed tenants, a bank levy often moves faster. Some jurisdictions allow a lien against real property or a security deposit, though a 'credit‑report hold' is not a universal tool. Filing fees for the writ, levy, or garnishment vary by state and can exceed $500 in larger counties, so the landlord should check local court fee schedules.

After the levy, the court clerk issues a satisfaction notice, clearing the debt and freeing the landlord to claim any remaining balance. As we covered above, documenting every enforcement step builds a rock‑solid paper trail should the tenant contest the collection. With the costs secured, the landlord can transition to rerenting the unit safely (see the next section).

Rerent safely post-eviction by securing the unit, handling abandoned belongings according to state statutes, and resetting locks in line with local eviction laws.

After the court order lifts, walk through the apartment, photograph any damage, and note missing items. Then:

• Send a written notice to the former tenant describing any left‑behind property, citing the applicable abandoned‑property timeline (usually 10 - 30 days);
• Store the items in a safe location for the statutory period, allowing the tenant a chance to claim them;
• After the waiting period expires, dispose of or sell the belongings following the prescribed procedure;
• Calculate the remaining security‑deposit balance, respecting local limits, and return it within the timeframe required by local eviction laws;
• Change the locks only after the eviction judgment authorizes it and after providing any jurisdiction‑required notice to the tenant.

Once those obligations are met, list the unit, run standard credit and background checks, and prepare a fresh lease.

The next section shows how to navigate evicting a subtenant without drama, applying many of the same legal safeguards.

The sublessor can evict a subtenant quickly and quietly by checking the master lease, delivering the correct eviction notice, and, if needed, filing an unlawful detainer in the appropriate court. Most local eviction laws grant the primary tenant the same authority a landlord enjoys, provided the lease permits subletting; the landlord only intervenes when the lease reserves eviction power exclusively for them.

Example: Jane rents a two‑bedroom unit, sublets the second bedroom to Mark, and discovers unpaid rent after two months. She reviews her lease, finds a clause allowing subleases, and serves Mark a 5‑day 'pay‑or‑quit' eviction notice that complies with state notice periods.

Mark ignores the notice, so Jane files an unlawful detainer in the county clerk's office, attaching the lease, the notice, and proof of unpaid rent. The court issues a writ of possession, and the sheriff removes Mark without a courtroom showdown. (For a step‑by‑step guide, see Nolo's subtenant eviction process overview.)

A landlord who receives a disability‑related request must launch the interactive accommodation process, verify the need, propose a reasonable modification - such as permitting a service animal or installing grab bars - and record every communication; the eviction notice then proceeds only if the issue remains unrelated to the disability and still meets local eviction laws. This method shields the landlord from discrimination claims and preserves a defensible case.

A landlord who ignores the request, drafts an eviction notice that hinges on the disability, or skips a written response triggers a violation of the Fair Housing Act, leading courts to void the eviction and potentially award damages; failure to engage in good‑faith negotiation also breaches local eviction laws.