No matter how many loud parties a tenant throws or how much rent is owed, a landlord can’t use “self-help” methods to evict a tenant, such as changing the lock or turning off the electricity and water. A landlord who does that may be liable for damages and some states have penalties such as damages in the amount of a few months rent.

A landlord who wants to evict a tenant must follow the relevant state and local laws to the letter, dotting every i and crossing every t. The process of eviction is a very fast one compared to other kinds of legal actions. The trade off is that the landlord must do everything exactly right. If the landlord makes mistakes in giving eviction notices, for example, the later eviction case will be thrown out and the landlord will have to begin again.

The first thing as landlord has to do to begin an eviction is to end the tenancy. This is done by giving an eviction notice. There are several kinds of notices a landlord might use:

• Nonpayment of rent: If the tenant doesn’t pay the rent when it’s due, the landlord can serve a notice that the rent is due and give the tenant a certain time (usually 3–5 days) in which to pay the rent (and any late fees specifically listed in a written rental agreement) or move out. If the tenant pays the full amount in the time stated, there can be no eviction on that notice.
  


• Fixing a violation: In some states a landlord can give a tenant a notice to fix some violation of a rental agreement, such as a junk car in the front yard, a pet that’s forbidden by the lease, or more people living in the unit than is allowed in the agreement. The notice must state the amount of time the tenant has to correct this. For example, state law may give the tenant 5 or 10 days. If the tenant corrects the violation within the time, there can be no eviction on that notice.
  


• Unconditional notice: In some states a landlord may give a notice for a tenant to move without any possibility of correcting something. In most places this can only be done if the tenant has seriously violated the rental agreement. For example, if the tenant has repeatedly been late with the rent, is growing marijuana in the back room, or has caused major damage to the premises. The time given to move depends on state law. If the tenant has done what the landlord claims, he or she must move or be evicted.
  


• 30-day or 60-day notices: In most states a landlord can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There may be different time periods if the tenant has lived in the unit for a long time, is a senior citizen or disabled, is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. A landlord can’t give this kind of notice to a tenant with a lease until the lease period is over. He or she also can’t give such a notice for illegal reasons such as discrimination or retaliation against a tenant for reporting violations or insisting on repairs. This kind of notice may also be forbidden in places with rent control or rent stabilization laws. Some states or cities require landlords to pay relocation expenses in some circumstances, such as to senior citizen or disabled tenants or for units that are being converted to condos.

 

At the end of a notice period, if the tenant hasn’t corrected the problem (like paying the rent or finding a new home for the cat) or moved out, the landlord can file an eviction action in the local court. The action has to be served in a way defined by the law on the tenant by someone other than the landlord. Check the law to make sure papers are served properly. If they aren’t, the court won’t allow an eviction.

After receiving eviction papers the tenant has a chance to answer. The time for the tenant to answer will be on the papers that are served. An answer must be in the form required by the local court rules and state law, so a tenant might get help with drafting an answer. This is the time for the tenant to raise defenses such as that no rent is owed because the tenant properly deducted the amount of necessary repairs from the rent, the landlord didn’t give proper notice of a rent increase, a rent increase was for the purpose of illegal discrimination, or a 30-day notice was given because the tenant reported a health code violation in the unit.

If the tenant doesn’t file an answer with the court, the court will enter what is called a default judgment for eviction if the landlord can show that the court papers were served properly on the tenant. The tenant may have a default judgment set aside if there was a good reason why he or she wasn’t able to answer on time.

If the tenant raises a valid defense, the case will be set for a hearing or trial on the facts. This is the time for the tenant to produce proof, including inadequate notices given by the landlord and letters written by the tenant.

If the court rules that the landlord can evict the tenant, the landlord still can’t change the locks. The landlord must take the court order to the sheriff and the sheriff will come and post a notice, usually on the tenant’s door, telling the tenant that if she or he does not move out by the date and time given, the sheriff will come and remove the tenant and the tenant’s belongings from the unit.

The entire eviction procedure can take as little as 20 days if the landlord does everything right and the tenant has no defense, to several months if the tenant raises a valid defense that has to go to trial.