Who Can Evict a Tenant in Your State?

The only entities that can start an unlawful detainer are those who hold legal title to the rental or have a written authority to act for the title‑holder, such as the landlord, an authorized agent, or a property‑management company operating under a valid management agreement (as we covered in the landlord's legal right section). A corporation that owns the building may sue through its designated officer, and a licensed manager can file the action on the owner's behalf (the next section explains how agents delegate this power).

Court clerks, judges, or sheriffs enforce the judgment but never initiate it, and roommates or co‑tenants on a joint lease lack standing to evict each other (the 'co‑tenants attempting to evict' section will confirm this). Any other individual - friends, family, heirs without ownership, or the building's handyman - cannot legally press an eviction (see the upcoming '5 unauthorized people who can't evict you').

Landlord holds the primary legal authority to start an eviction. The owner must file a complaint in the appropriate state court, serve the tenant with the statutory notice (pay‑or‑quit, cure, or termination), and obtain a judgment before any lockout or utility shutoff can occur. Self‑help methods, such as changing locks or hauling belongings, are prohibited in every jurisdiction.

The landlord may assign an attorney or a property manager to prepare paperwork, but the right to evict never leaves the owner's control; any filing must bear the landlord's name and consent. As we covered above, this delegation sets the stage for the next section on whether a property manager can initiate the process on the landlord's behalf.

A property manager can initiate an eviction, but only when the landlord provides explicit authority.

• A written management contract or power of attorney lets the manager serve notices and file the complaint.
• Courts treat the manager's filing as the landlord's own action, provided the agency relationship is disclosed.
• Lacking that authorization renders any notice the manager delivers ineffective (as we covered above, the landlord retains eviction power).
• Some states require the manager to hold a real‑estate license or to list their principal on the summons.
• Physical removal stays the domain of the court and law‑enforcement officers (see the next section on court officials).
• Prior to filing, the manager should document the breach and confirm the jurisdiction's notice period.
• Tenants may contest an eviction if the manager acted without proper authority, so landlords keep agency paperwork handy.

Agents are people or companies the landlord officially empowers to start or handle an eviction. Generally, a written authorization - often a power of attorney or lease‑based consent - gives the agent the right to serve notices, file court papers, and communicate with the tenant, while the landlord retains ultimate responsibility (as noted above).

Typical agents include:

• A property‑management firm filing the complaint and tracking the case.
• An attorney drafting and serving the notice of termination.
• A licensed eviction service submitting paperwork to the clerk.
• A real‑estate broker acting under a signed agency agreement.
• A family member with a power of attorney who delivers the notice.

State statutes differ on the required form of authorization, but all demand that the agent act within the landlord‑tenant law framework; enforcement still falls to the courts and law‑enforcement officers discussed later. For deeper guidance, see landlord eviction process guide.

Court officials who enforce an eviction include the judge issuing the possession order, a clerk preparing the writ, and the sheriff or constable who executes the removal. A judge acts only after the landlord proves a breach, as we covered above in the landlord's legal right section. Clerks file the writ of possession (court writ of possession requirements) and set the execution date, which the sheriff then enforces.

The sheriff posts a 24‑hour notice, then returns to unlock doors and escort the tenant out if the deadline passes. Police may attend only when the sheriff requests backup or when the tenant resists, not to initiate the eviction. State statutes dictate whether a constable, marshal, or private process server can serve the writ, so the exact title varies by jurisdiction.

Law enforcement removes a tenant only after a court‑issued writ of possession has been served and the statutory notice period has expired.

1. **Obtain the writ** - The landlord must first win a judgment for eviction and then request a writ of possession from the court; without this document, officers have no authority to act.
2. **Serve the writ** - A sheriff, constable, or authorized marshal delivers the writ to the tenant, attaching the state‑mandated notice window (often 24  -  72 hours but can extend to several days depending on local law).
3. **Enforce the removal** - If the tenant has not vacated by the deadline, officers may enter the premises, lock doors, and oversee the physical removal of personal property, doing so under the writ's explicit power.
4. **Coordinate special assistance** - In rare cases involving children, seniors, or other vulnerable occupants, police may contact social‑service agencies to arrange temporary shelter; this is not a routine part of eviction enforcement.

(For a state‑by‑state overview of writ service and notice periods, see Nolo's eviction process guide.)

Landlord‑initiated evictions land in different courts depending on the state, so filing the right paperwork in the proper venue is critical. Most states let owners file pro se, but the appropriate tribunal ranges from justice courts to county civil courts.

• Texas - File the unlawful detainer petition in the County Justice Court after serving a 3‑day notice to vacate; district courts do not hear initial eviction actions.
• New York - New York City uses a dedicated Housing Court; the rest of the state processes evictions in the county Civil Court (or Supreme Court for claims exceeding the civil court limit).
• Ohio - Initiate the action in the Municipal or County Court where the rental property sits; no special 'owner' filing rule applies.
• California - Submit the unlawful detainer complaint to the Superior Court of the county containing the unit; self‑representation is permitted.
• Florida - File the complaint in the County Court (or Circuit Court for larger claims) after delivering a 3‑day notice; landlords may act without counsel.

Each jurisdiction prescribes its own notice period and filing fee, yet the core authority remains the landlord or an authorized agent acting on the landlord's behalf. (See the Texas Justice Court filing guide for details.)

Understanding these nuances prevents misdirected filings, a point that becomes crucial when identifying the five people who legally cannot evict you.

Only the landlord - or someone the landlord has explicitly authorized - can begin an eviction, so these five parties generally cannot do it (as we covered above).

• A roommate who never signed a lease or written rental agreement.
• A relative who inherits the property but hasn't been appointed executor or transferred title.
• A property‑management firm that never received a written power‑of‑attorney from the landlord.
• A mortgage lender or lienholder who has not taken ownership through foreclosure.
• A municipal code‑enforcement officer who can issue citations but lacks authority to order removal.

Co‑tenants generally cannot force each other out; the legal right to file an eviction belongs to the landlord, and courts issue removal orders only when the landlord requests them (see Nolo's eviction guide).

A handful of scenarios let a roommate trigger an eviction‑type outcome. If the rental agreement assigns separate leases to each occupant, the landlord may evict one party while keeping the other. A court may also order lease termination when a roommate's conduct breaches the lease and the landlord agrees to pursue removal. These cases are uncommon and still require landlord involvement; roommates acting alone lack direct eviction power.

Heirs become the legal owners once probate confirms their right to the deceased landlord's estate, and that ownership lets them file an eviction like any landlord.

The new owner must serve the tenant a proper notice - typically 30‑day for month‑to‑month rentals or the period required for a lease breach - then file a complaint in the appropriate court, following the same timelines and paperwork described in the 'landlord's legal right to evict' section above.

Self‑help methods such as lock changes or utility shut‑offs remain prohibited; the heir must act through the court system, keep the property listed under the estate's name, and comply with state‑specific filing fees and hearing rules before the sheriff can enforce the order, a point explored further in 'verify if your evictor acts legally.'

Only a landlord with a valid court judgment can legally evict you. If someone claims eviction power, scrutinize each required step before conceding.

1. Demand the written summons and judgment - any eviction must be backed by a court order that names the landlord as plaintiff.
2. Verify the document's docket number - cross‑check the case number on the local court's online docket to confirm the filing exists.
3. Confirm the signer's title - the order should be signed by a judge or clerk; a handwritten note from a property manager is insufficient.
4. Inspect the notice timeline - proper notice (3‑day, 30‑day, etc.) varies by state; ensure the notice you received matches statutory requirements, as discussed in the 'landlord's legal right to evict' section.
5. Ask the officer to show a writ of possession - only a sheriff, marshal, or authorized constable may physically remove a tenant, and they must present a writ at the door.
6. Check the executor's credentials - request identification and a badge number; a legitimate officer will gladly display them.

If any element fails, the eviction is likely unauthorized, and you may contest it in court.