In this article:

1. Understand your local eviction laws
2. Keep comprehensive records for evictions
3. Review your tenant's lease agreement
4. Notify the tenant of the lease violation
5. Meet with a local eviction lawyer
6. File for an eviction notice through the court
7. Don't retaliate against the tenant

No landlord looks forward to evicting a tenant, but sometimes there's no other choice. 

If you do need to evict a tenant, it's essential to understand how eviction works in your state. Although a landlord should always work with a local legal professional to determine the appropriate steps for eviction, we’ll cover a general outline of the eviction process here.

Note: This guide is for informational purposes only. Zillow, Inc. does not make any guarantees about the sufficiency of the information in or linked to from this guide, or that it’s compliant with current, applicable or local laws. Landlord-tenant laws change rapidly and may be regulated at the federal, state and local levels. This resource is not a substitute for the advice or service of an attorney; you should not rely on this resource for any purpose without consulting with a licensed attorney in your jurisdiction.

1. Understand your local eviction laws

The process of evicting a tenant has its own set of strict rules — you could face consequences for failing to follow the local laws and protocols in place when it comes to the eviction process and eviction notices. Types of laws to become familiar with include:

Landlord-tenant laws outline your rights and those of your tenant. Both federal and local laws can be relevant in an eviction.

Fair housing laws protect certain classes from rental discrimination. Those protected classes include race, color, religion, sex, national origin and more. See our fair housing guide to find out about the laws that apply to rental properties in your area.

Maintenance obligations regulate the safety and cleanliness standards of the rental space. These laws can also mean that tenants are responsible for maintaining the property and alerting the landlord of health or safety problems.

2. Keep comprehensive records for evictions

Keeping a record of landlord documents is an important part of managing a rental property and can help make the eviction process a little less stressful for you. It's a good idea to securely store copies of:

• The lease agreement
• Your tenant's rental application
• All notices sent to the tenant, along with any proof of receipt by the tenant
• Communication records between you and your tenant
• Records of rental payments, including rent receipts
• Any bounced checks
• The security deposit receipt
• Records (including photos) of any damage to the property caused by the tenant
• Any police reports related to the tenancy

3. Review your tenant's lease agreement

Before a tenant moves in, they generally sign a lease agreement that addresses the obligations of the landlord and the tenant. It's important to review your lease to determine what the tenant is responsible for during their tenancy, when a tenant is in violation of the lease and the ramifications of a tenant’s lease violation. The lease agreement between you and your tenant should clearly spell out what happens if they:

• Fail to pay rent
• Have a pet in violation of the lease agreement
• Violate no-smoking or marijuana policies
• Fail to pay association dues
• Repeatedly have noise violations
• Engage in unapproved subleasing

In addition, these situations may trigger an automatic eviction depending on your local laws:

• Damaging the unit or common areas
• Committing a crime on the property
• Causing harm or safety risks to other residents

Can you evict a tenant without a lease?

The landlord-tenant laws in your area may have set regulations regarding the eviction of a tenant in the absence of a lease agreement. Check with a local attorney to see what options you have, and consider creating a lease agreement for future tenants.

4. Notify the tenant of the lease violation

If the tenant violates the lease, you should notify them. Tell them how they are violating the lease and what to do to correct the violation. Be clear on how much time the tenant has to make a correction. Depending on local law and the terms of the lease, a landlord may be required to send one of the following:

Lease violation notice: This explains the lease violation to the tenant and states how much time they have to correct the violation before an eviction process is started.

Late rent notice: This informs the tenant that their rent is past due. Generally, this notice is sent five to seven days after the due date.

Notice to pay or quit: This notice informs the tenant that they must either pay their overdue rent or vacate the property.

Notice to quit: This informs a tenant that they must correct a lease violation or vacate the property.

Unconditional notice to quit: This requires the tenant to vacate without the chance to correct the violation. These notices are generally in response to illegal activity.

5. Meet with a local eviction lawyer

If a tenant has defaulted on the lease and you’ve provided notice of the lease violation, you may be wondering, 'How does eviction work in my state?' The process can be complicated — the best way to find out is by meeting with a local lawyer who's familiar with your area's landlord-tenant laws. They'll be able to counsel you on the eviction process and advise on next steps.

6. File for an eviction notice through the court

Rules on eviction vary from state to state, so it's crucial to speak to a local lawyer before moving forward with an eviction. An attorney will help you gather the necessary documents and file for an eviction through the court. 

You should never take matters concerning eviction into your own hands — in fact, the following actions are prohibited in many states:

• Changing the locks or locking out the tenant
• Shutting off utilities
• Removing a tenant or their possessions
• Harassing the tenant

How much does it cost to file for an eviction?

Depending on your local laws and the terms of your lease, the tenant eviction process can end up costing thousands of dollars. You may be responsible for covering the cost of the initial filing fee, charges for serving the notice, any service fees and the cost of hiring an attorney. Additional expenses may include loss of rental income, the cost of removing the tenant’s belongings after an eviction and the cost of repairing any property damages that occur. You may be able to recover some of those expenses from the tenant, but that depends on your local laws. 

7. Don't retaliate against the tenant

If an eviction notice is issued, the tenant may still have a certain amount of time to vacate the property. In the interim, it's best not to remove, discard or sell the tenant's personal belongings. If the tenant remains on the property after any deadline, contact law enforcement instead of attempting to remove the tenant yourself.

The eviction process can be a lot less stressful if you are familiar with it before you run into an unfortunate tenant situation. It may be beneficial to meet with a local lawyer preemptively and understand eviction laws in your area just in case a lease violation occurs.

When it's time to sign your next tenant, consider using Zillow Rental Manager to make the process easier. You can create customizable online leases in select locations, screen tenants and collect rent online.

Read more articles and tips on being a landlord on our Rentals Resource Center.