The Eviction Process

The eviction process can be the scariest, and most expensive part of the rental business for the owner/manager.  The process is strictly regulated to protect the residents, and any small mistake or typographical error can/will restart the clock, and cost you more money.


1.  Notice - Providing the notice to terminate is the first step of the eviction process.  By serving the resident a 3 day notice to pay or quit, a 3 day notice to perform conditions or quit, or a 30/60/90 day notice to terminate tenancy, the tenancy can be terminated after the end of  the notice period.

For example:  A resident fails to pay their rent by the first of the month as required by their lease agreement.  As soon as the 2nd of the month, the owner or the owners agent can serve a notice to pay or quit.  Assuming the notice is served on the 2nd, as early as the sixth of the month, the owner/agent can move on to the next step of the process.

2.  Unlawful Detainer: The owner/agent files an unlawful detainer complaint against the resident.  Most owners and property managers send the residents file to an eviction attorney at this point.  Attorney's fees/court costs are generally requested by and awarded to the owner if they prevail in an eviction proceeding.

3.  Service of Resident:  A copy of the complaint and a summons is served to the resident.  This service is normally done by the Sheriffs Dept for a nominal fee.  It can be extremely difficult and expensive to perform a service without using the Sheriffs Dept.  Don't try to do this yourself.  Trust me, it's totally worth what they charge.

4.  Residents Answer to the Complaint:  The resident has 5 days to file a response to the complaint.  If they do not, the owner/agent can submit a request for a default judgement.  If the resident does file a response to the complaint, the owner/agent will schedule a court hearing.

5.  Court Hearing: This is the opportunity for the resident to have their day in court, and the owner/agent better have their ducks in a row, so to speak.  If  the owner/agent has done anything wrong, forgot to do something required, or otherwise screwed up somehow, this is where that will come out.  This is where you will either prevail or not in the eviction process.

6.  Writ of Possession:  If the owner/agent prevails in the court hearing, or is awarded a default judgement, they will file for a writ of possession, which is essentially a court order authorizing the lock out.  The owner/agent must file this with the sheriffs department.

7.  Notice to vacate:  Once the Sheriffs department receives the writ of possession, they will serve a 5 day notice to vacate on the resident.  This allows the resident time to vacate the property, and prevents confrontations during the lock out.

8.  Sheriff Dept Lock Out:  Your local Sheriffs Department will show up and lock out the resident.  During this process, if the resident is home, the resident is allowed to take with them anything they can carry, but will be required to vacate the property within 5-10 minutes.  The Sheriffs dept will post a notice on the door and/or window, and the owner/agent will change the lock.

It's important to understand any attempt to evict a resident without going through this legal process, including turning off utilities/services, changing locks, refusing to provide access, blocking access, etc is considered a constructive eviction and is illegal.

Although it does seem like the eviction process is an expensive, lengthy process, the alternative (construction eviction) will be much more expensive in the long run.  It's much cheaper to do it right.

Also read:  Avoiding Evictions