Eviction Laws and Forms: 50-State Survey

Often known as an unlawful detainer action, an eviction usually starts for one of three reasons. First, a landlord may try to remove a tenant from the premises if they have not paid rent as provided by the lease. In other cases, a landlord may try to remove a tenant if they have violated a term of the lease or a statutory tenant obligation. Finally, a landlord may terminate a lease even when the tenant has kept up with rent and complied with all the terms of the lease.

In each of these situations, the landlord must provide notice to the tenant rather than immediately going to court. A notice for non-payment of rent usually allows the tenant to catch up on back rent and late fees within a certain time. Similarly, a notice for violating a term of the lease may allow the tenant to resolve (“cure”) the violation within a certain time. Depending on the circumstances, however, this type of violation may be considered “incurable,” which means that the tenant may need to leave without having the opportunity to resolve the issue. A violation is often treated as “incurable” if a tenant has a history of committing this type of violation. For egregious tenant misconduct, the notice period may be shortened. Examples of misconduct that may lead to shortened notice periods include crimes committed by the tenant on the property and substantial property damage caused by the tenant. An incident of egregious tenant misconduct is considered “incurable” in many cases.

A lease termination that is not based on non-payment of rent, a lease violation, or tenant misconduct does not give the tenant an opportunity to cure a problem, since it is not based on conduct by the tenant. The tenant must move out in the time provided by the notice, which again is usually defined by statute. However, notice periods are often much longer in these situations.

If the tenant remains on the property beyond the notice period, the landlord can file an eviction lawsuit in court. The tenant will be served notice of the lawsuit and will be allowed to respond before the hearing. At the hearing, a judge will review the evidence from both sides and decide whether the tenant must leave the property. If the judge orders the tenant to leave, but they do not comply, the landlord can ask the court to authorize law enforcement to remove the tenant from the property.

Click on a state below for information about notice periods and the eviction process, as well as links to forms that may be needed in an eviction proceeding.

Alabama

  • Notice for non-payment of rent: 7 business days – Alabama Code Section 35-9A-421
  • Notice for non-compliance with lease / tenant misconduct: Generally 7 business days; 7 days for a drug violation or certain crimes (statute does not distinguish between calendar and business days) – § 35-9A-421
  • Notice for terminating a month-to-month lease: 30 days – § 35-9A-441

An Alabama eviction lawsuit may start when a landlord files a complaint and summons with the court in the county where the property is located. This may involve paying a filing fee. The landlord then must serve notice to the tenant and provide them with a form to answer (respond to) the complaint. A tenant can file their answer within seven days of receiving notice. If the judge decides in favor of the landlord at the eviction hearing, they can issue a writ of restitution. The landlord can give this document to the sheriff’s office, which will enforce it. In some counties, the tenant may need to leave the property immediately, but they may be allowed a grace period to leave the property in other counties.

Alabama Eviction Forms and Resources

Alaska

  • Notice for non-payment of rent: 7 days – Alaska Statutes Section 09.45.090
  • Notice for non-compliance with lease / tenant misconduct: Generally 10 days; 24 hours when a tenant deliberately inflicts substantial damage to the property; 5 days when a tenant engages in illegal activity on the property – § 09.45.090
  • Notice for terminating a month-to-month lease: 30 days – § 34.03.290

An Alaska eviction lawsuit is known as a forcible entry and detainer action. A landlord can start the forcible entry and detainer process by filing a complaint and summons and other documents with the court, while attaching the notice to quit. The next step involves serving the tenant. The tenant will be allowed to file an answer in response to the landlord’s complaint, which must be completed within 20 days. If the tenant files an answer, a judge will hold a hearing. If the tenant fails to file an answer, a judge will rule for the landlord automatically. A landlord can ask the judge for a writ of assistance, which will empower the local sheriff to forcibly remove the tenant within 24 hours of providing notice of the writ to the tenant.

Alaska Eviction Forms and Resources

Arizona

  • Notice for non-payment of rent: 5 days – Arizona Revised Statutes Section 33-1368
  • Notice for non-compliance with lease / tenant misconduct: Generally 10 days; 5 days for a health or safety hazard; immediate for a “material and irreparable” breach on the premises – § 33-1368
  • Notice for terminating a month-to-month lease: 30 days – § 33-1375

An Arizona eviction lawsuit may be filed in the Justice Court if the landlord is seeking less than $10,000 in damages, but it must be filed in the Supreme Court if the landlord is seeking $10,000 or more in damages. The court will schedule a hearing within six days. The tenant has a right to submit an answer before the hearing. If the tenant does not appear at the hearing, or does not contest the landlord’s allegations, the judge will rule automatically for the landlord. If the judge rules for the landlord, they may order the tenant to leave the property and pay damages. If the tenant fails to leave the property, the landlord can file for a writ of restitution within 45 days of the court hearing, which will authorize the constable of the court to remove the tenant.

Arizona Eviction Forms and Resources

Arkansas

  • Notice for non-payment of rent: 3 days – Arkansas Code Section 18-60-304
  • Notice for non-compliance with lease / tenant misconduct: Generally 14 days; potentially sooner (time unspecified) if the tenant has caused an emergency that materially affects health and safety – § 18-17-701; § 18-17-702
  • Notice for terminating a month-to-month lease: 30 days – § 18-17-704

An Arkansas eviction lawsuit based on non-payment of rent proceeds as an unlawful detainer action, while a different lease violation will lead to an ordinary civil case. A landlord can file an unlawful detainer action 10 days after the end of the notice period. The tenant then has five days to leave the property or file an answer. If the tenant takes neither action, the landlord can ask the court for a writ of possession, which they can give to the sheriff’s office. The sheriff will inform the tenant that they must leave the property within 24 hours of receiving notice of the writ. A tenant who contests an unlawful detainer action must provide the court with a month’s rent, and they may face a criminal misdemeanor charge if they lose.

Arkansas Eviction Forms and Resources

California

A California eviction lawsuit starts when a landlord files an unlawful detainer complaint and other documents in the Superior Court where the property is located. The landlord then must serve the complaint and the summons to the tenant. The tenant will have five days to respond to the complaint by filing an answer. If the tenant fails to file an answer, the landlord can pursue a default judgment by submitting additional forms to the court and serving them to the tenant. If the judge issues a default judgment or rules for the landlord at a hearing, but the tenant fails to leave the property, the landlord can ask the court for a writ of possession. This can be sent to the sheriff, who can remove the tenant five days after the tenant receives notice of the writ.

California Eviction Forms and Resources

Colorado

  • Notice for non-payment of rent: 3-10 days, depending on the type of lease – Colorado Revised Statutes Section 13-40-104
  • Notice for non-compliance with lease / tenant misconduct: Generally 3-10 days, depending on the type of lease; 3 days for unlawful activities or actions that endanger people or property – § 13-40-104; § 13-40-107.5
  • Notice for terminating a month-to-month lease: Varies depending on the length of the tenancy: 1 day for a tenancy lasting less than 1 week; 3 days for a tenancy lasting 1 week - 1 month; 21 days for a tenancy lasting 1-6 months; 28 days for a tenancy lasting 6-12 months; 91 days for a tenancy lasting a year or more – § 13-40-107

A Colorado eviction lawsuit starts when a landlord files a forcible entry and detainer action in a court in the county where the property is located. This involves submitting a summons and complaint as well as a filing fee. A hearing usually will be scheduled within about two weeks, and the tenant will be served notice of the proceeding and provided with an answer form to respond. In some cases, the tenant and the landlord may reach a stipulated agreement to resolve the case before it reaches the hearing. Otherwise, a judge will make a decision based on the evidence. If the judge rules for the landlord, the tenant must leave within 48 hours, or the landlord can seek a writ of restitution that will lead to the forcible removal of the tenant.

Colorado Eviction Forms and Resources

Connecticut

A Connecticut eviction lawsuit begins when a landlord files a complaint and summons in the Housing Session Court in the county where the property is located. The tenant must submit their answer within two days. If the tenant fails to submit an answer, the landlord can file a motion for judgment for failure to plead, to which the tenant must respond within three days. If the tenant still fails to respond, the court can issue a default judgment for the landlord. Otherwise, a housing mediator will seek to arrange a settlement. If this fails, the judge will resolve the case at a hearing and issue an order of execution if they rule in favor of the landlord. The tenant must move out within 24 hours of receiving notice of the order of execution from the sheriff.

Connecticut Eviction Forms and Resources

Delaware

  • Notice for non-payment of rent: 5 days – 25 Delaware Code Section 5502
  • Notice for non-compliance with lease / tenant misconduct: Generally 7 days; no notice required if the tenant causes or threatens to cause irreparable harm to people or property – § 5513
  • Notice for terminating a month-to-month lease: 60 days – § 5106

Also known as a summary possession, a Delaware eviction lawsuit starts when a landlord files a complaint and other documents in the Justice of the Peace Court that has jurisdiction over the property at issue. The tenant will receive notice of the action and an opportunity to respond. Unlike many states, Delaware does not require a tenant to submit an answer in advance of a court hearing. The tenant can represent themselves at the hearing, which will happen regardless of whether they respond to the complaint. If the judge rules in favor of the landlord, the tenant must leave the property within 10 days. Otherwise, the landlord can seek a writ of possession. The tenant must leave within 24 hours after receiving notice of the writ.

Delaware Eviction Forms and Resources

District of Columbia

A District of Columbia eviction lawsuit starts when a landlord submits a complaint and a filing fee to the DC Superior Court. Except in cases involving drug activity on the property, which require five days of notice, the tenant must receive notice of the proceeding by a third party at least seven days before the hearing. The court will not hear the case for at least three weeks after the complaint is filed. If the judge rules in favor of the landlord, they will issue a writ of restitution. Once the tenant receives notice of the writ, they will have three days to leave the property. If the tenant remains on the property, a US Marshal will remove them. In some cases, a tenant or a landlord may request a protective order against the other party.

District of Columbia Eviction Forms and Resources

Florida

A Florida eviction lawsuit starts when a landlord submits a complaint and summons to the court in the county where the property is located. A filing fee and copies of the original lease agreement and the notice to quit (with a signed receipt) also must be submitted. The tenant will have five days to respond after receiving notice of the action. If the tenant does not respond, the landlord can seek a default judgment in their favor. Otherwise, the case will proceed to a hearing. If the judge rules in favor of the landlord, they must ask the clerk of the court to certify a writ of possession. They can provide the writ to the sheriff’s office. If the tenant does not leave the property within 24 hours of receiving notice of the writ, the sheriff can remove them.

Florida Eviction Forms and Resources

Georgia

  • Notice for non-payment of rent: Immediate (landlord can file eviction one day after rent is due) – Georgia Code Section 44-7-50
  • Notice for non-compliance with lease / tenant misconduct: Not provided by statute
  • Notice for terminating a month-to-month lease: 60 days from landlord to tenant, 30 days from tenant to landlord – § 44-7-7

A Georgia eviction lawsuit starts when a landlord files a dispossessory affidavit with the Magistrate Court in the county where the property is located. Notice will be served to the tenant, who will have seven days to file an answer. If the action is based on non-payment of rent, it will end automatically if the tenant submits all of their owed rent to the clerk of the court with their answer, unless the tenant previously owed late rent during the last 12 months. If the tenant does not file an answer, the landlord can pursue a default writ of possession. Otherwise, a judge will review evidence from both sides at a hearing about a week later. If the judge rules for the landlord, they will issue a writ of restitution, and the sheriff will give the tenant 24 hours’ notice.

Georgia Eviction Forms and Resources

Hawaii

  • Notice for non-payment of rent: 5 business days – Hawaii Revised Statutes Section 521-68
  • Notice for non-compliance with lease / tenant misconduct: Generally 10 days; 24 hours + 5 days (2 notices) if the tenant has created a nuisance; none if the tenant has caused irremediable harm to a person or property – § 521-72; § 666-3; § 521-69
  • Notice for terminating a month-to-month lease: 45 days – § 521-71

A Hawaii eviction lawsuit starts when a landlord files a complaint for summary possession in the district court in the appropriate county. They also must provide the court with the rental agreement, the notice to quit, and other documents. The tenant will receive notice of the action, and the court will schedule a hearing date. If the tenant does not appear at the hearing, the judge will issue a default judgment for the landlord. If the tenant appears, they may enter a general denial plea, which means that they can contest the action at a later hearing. If the landlord prevails through a default judgment or after a trial, the judge will issue a writ of possession. This will allow the sheriff to help the landlord remove the tenant from the property.

Hawaii Eviction Forms and Resources

Idaho

  • Notice for non-payment of rent: 3 days – Idaho Code Section 6-303
  • Notice for non-compliance with lease / tenant misconduct: Generally 3 days; no notice required if a tenant has been involved in drug activity – § 6-303
  • Notice for terminating a month-to-month lease: One month – § 55-208

An Idaho eviction lawsuit starts when a landlord files an unlawful detainer action with the clerk’s office in the county where the property is located. The forms will vary depending on whether the eviction is based on non-payment of rent or another reason. The tenant will be served notice of the action and will have 12 days to respond if the eviction is based on non-payment of rent or drug activity, or 20 days to respond in other situations. If the tenant does not respond, the landlord can ask the court for a default judgment. Otherwise, the judge will decide based on evidence provided by each party. If the judge rules for the landlord, they will issue a writ of restitution that will require the tenant to leave, possibly after a grace period.

Idaho Eviction Forms and Resources

Illinois

An Illinois eviction lawsuit starts when a landlord files the complaint, which must be filed electronically unless an exemption applies. A court date will be scheduled, and the tenant will be served with a summons that informs them about the action. The judge will review evidence submitted by each side at the hearing, including the rental agreement, the notice to quit, and any supporting materials, such as photographs or witness testimony. If the judge rules for the landlord, they will issue an eviction order that will require the tenant to leave the property within about two weeks. If the tenant does not leave, the sheriff can physically remove the tenant from the property. A landlord does not have a right to remove a tenant on their own.

Illinois Eviction Forms and Resources

Indiana

  • Notice for non-payment of rent: 10 days – Indiana Code Section 32-31-1-6
  • Notice for non-compliance with lease / tenant misconduct: No notice required when tenant at will commits “waste”; otherwise, no time period specified by statute – § 32-31-1-8
  • Notice for terminating a month-to-month lease: One month – § 32-31-1-1

An Indiana eviction lawsuit starts when a landlord files a complaint in the small claims division of the superior court in their county. The landlord must ask the sheriff to serve notice of the action to the tenant, and the court will schedule an eviction hearing. The judge will review all the relevant evidence presented by each side, including not only documents such as the lease and the notice to quit but also witness testimony or photographic evidence. If the judge rules in favor of the landlord, or if the tenant does not come to court, the judge will issue an eviction order and give the tenant a deadline for leaving the property. If the tenant fails to leave, the landlord can ask the court for a writ that will allow a law enforcement officer to forcibly remove the tenant.

Indiana Eviction Forms and Resources

Iowa

  • Notice for non-payment of rent: 3 days – Iowa Code Section 562A.27
  • Notice for non-compliance with lease / tenant misconduct: Generally 7 days; 3 days if the tenant has caused a clear and present danger to the health or safety of anyone on or within 1,000 feet of the property – § 562A.27; § 562A.27A
  • Notice for terminating a month-to-month lease: 30 days – § 562A.34

An Iowa eviction lawsuit starts when a landlord files a forcible entry and detainer petition at a district court. They can file an additional form seeking a money judgment if the tenant owes damages. Generally, a trial will be scheduled within eight days, and the tenant will receive notice of the proceedings at least three days before the hearing. The judge will review the testimony and documents presented by each side, such as the rental agreement, the notice to quit, and the forcible entry and detainer form. If the judge rules for the landlord, the clerk of the court can send a writ of possession to the local sheriff. This will provide the date by which the tenant must leave the property, and law enforcement can forcibly remove them if they fail to comply.

Iowa Eviction Forms and Resources

Kansas

  • Notice for non-payment of rent: 10 days for a tenancy lasting three months or longer; 3 days for shorter tenancies – Kansas Statutes Section 58-2507; § 58-2508
  • Notice for non-compliance with lease / tenant misconduct: Generally 14 days to resolve violation, 30 days to leave – § 58-2564
  • Notice for terminating a month-to-month lease: Generally 30 days – § 58-2570

A Kansas eviction lawsuit starts when a landlord files a petition and summons in the district court in the county where the property is located. A different petition must be filed if the landlord seeks money damages, such as past due rent. A trial date will be scheduled, and an authorized third party must serve the papers to the tenant at least three days before the trial. If the tenant does not appear or does not contest the action, the judge will rule for the landlord. Otherwise, the judge will hold a full hearing seven to 14 days later. If the judge rules for the landlord at either hearing, the landlord can ask the judge to sign a writ of restitution. This will authorize the local sheriff to forcibly remove the tenant from the property at a scheduled date and time.

Kansas Eviction Forms and Resources

Kentucky

  • Notice for non-payment of rent: 7 days (counties subject to Uniform Residential Landlord and Tenant Act) – Kentucky Revised Statutes Section 383.660
  • Notice for non-compliance with lease / tenant misconduct: 14 days, but option to cure within 15 days if no similar previous violation within the last 6 months (counties subject to URLTA) – § 383.660
  • Notice for terminating a month-to-month lease: 30 days (counties subject to URLTA) – § 383.695

A Kentucky eviction lawsuit starts when a landlord files a forcible detainer complaint in the civil department of the district court where the property is located. In some cases, a landlord may need to file a writ of forcible entry and detainer as well. The tenant will receive notice of the proceedings at least three days before the hearing. Each side can present evidence supporting their position to the judge, including the rental agreement, the notice of eviction, and witness testimony. If the judge rules for the landlord, the tenant will have seven days in which to leave the property or appeal the decision. After this period expires, the judge can issue a warrant of possession, which will allow the sheriff’s department to set up a date to remove the tenant.

Kentucky Eviction Forms and Resources

Louisiana

A Louisiana eviction lawsuit, known as a rule for possession action, starts when a landlord files a petition for eviction or rule to evict in the parish court or the justice of the peace court in the area where the property is located. A law enforcement officer will serve notice of the proceeding to the tenant. A date will be scheduled for a trial at which each side can present evidence, such as the rental agreement and the notice to quit. If the judge rules for the landlord, they will order the tenant to leave the property within 24 hours. If the tenant remains on the property beyond that time, the landlord can ask a judge to issue a warrant for possession. This will authorize a law enforcement officer to forcibly remove the tenant from the property.

Louisiana Eviction Forms and Resources

Maine

A Maine eviction lawsuit starts when a landlord files a forcible entry and detainer complaint in the district court in the area where the property is located. The complaint and a summons will be served to the tenant at least seven days before the hearing, which will be scheduled by the clerk of the court. At least one business day before the hearing, the landlord must file the complaint, the summons, a certificate of service, and a copy of the notice to quit with the clerk’s office. If the judge rules for the landlord at the hearing, the tenant must leave the property within seven days. If the tenant remains on the property after that time, the landlord can ask the court for a writ of possession. The tenant must leave within 48 hours after receiving notice of the writ.

Maine Eviction Forms and Resources

Maryland

  • Notice for non-payment of rent: None – Maryland Real Property Code Section 8-401
  • Notice for non-compliance with lease / tenant misconduct: Generally 30 days; 14 days if the violation creates a clear and imminent danger of serious harm to people or property – § 8-402.1
  • Notice for terminating a month-to-month lease: One month – § 8-402

A Maryland eviction lawsuit starts when a landlord files an eviction complaint in the district court in the county where the property is located. The clerk of the court will schedule a hearing, and the tenant will be served with notice of the proceedings. If the tenant fails to appear in court, the judge will issue a default judgment for the landlord. Otherwise, the judge will review documents presented by each side, such as the lease and the notice to quit, before making a decision. If the landlord prevails at the hearing, but the tenant does not leave or appeal the decision, the landlord can ask the court for a warrant of restitution. This will set a deadline for the tenant to leave, and law enforcement can remove them if they stay beyond that date.

Maryland Eviction Forms and Resources

Massachusetts

  • Notice for non-payment of rent: 14 days (10 days to get current for month-to-month tenants) – Massachusetts General Laws Section 186-11; § 186-12
  • Notice for non-compliance with lease / tenant misconduct: Not explicitly provided by statute, but generally 30 days or the interval between rent payment days, whichever is longer; no notice required when illegal activity is involved; notice for fixed-term tenants not addressed – § 186-12; § 139-19
  • Notice for terminating a month-to-month lease: 30 days or the interval between rent payments, whichever is longer – § 186-12

A Massachusetts eviction lawsuit starts when a landlord completes a summons and complaint, which must be served to the tenant before the landlord files them in court. The lawsuit generally must be filed on a Monday that is between seven and 30 days after the papers are served to the tenant. The landlord must file the case in the county housing court, or in the district court or the Boston Municipal Court if there is no county housing court. If the judge rules for the landlord, the tenant must appeal or leave the property within 10 days. Otherwise, the landlord can get an execution document and ask the sheriff to serve it to the tenant on the next day. Law enforcement can forcibly remove the tenant if they do not leave by the following day.

Massachusetts Eviction Forms and Resources

Michigan

  • Notice for non-payment of rent: 7 days – Michigan Compiled Laws Section 554.134
  • Notice for non-compliance with lease / tenant misconduct: 7 days in situations involving a health hazard or physical injury to the property or an individual; 24 hours in situations involving illegal drug activity; not addressed by statute in other situations – § 600.5714
  • Notice for terminating a month-to-month lease: One month (one rental period if payments are made at intervals shorter than three months) – § 554.134

A Michigan eviction lawsuit starts when a landlord files a complaint to recover possession of property and a summons in the district court. The tenant must be served with notice of the proceedings at least three days before the eviction hearing. Each side can present evidence to the judge at the hearing, such as the notice to quit, the lease, and witness testimony. The landlord may need to complete a judgment form in the courtroom. If the judge rules for the landlord, they will order the tenant to leave the property within a certain time period. If the tenant remains on the property after that period expires, the landlord can ask the court to sign an order of eviction. This allows law enforcement to forcibly remove the tenant from the property.

Michigan Eviction Forms and Resources

Minnesota

A Minnesota eviction lawsuit starts when the landlord files a complaint in the district court. A hearing generally will be scheduled for 7-14 days later, although the timing may be expedited if the tenant is posing an immediate threat to the safety of the landlord, other tenants, or the property. The complaint and summons must be served to the tenant at least seven days before the hearing in most ordinary cases. A judge may resolve the dispute after a single hearing, but sometimes an additional trial may be held later. If the judge rules for the landlord, they can ask a clerk of the court for a writ of recovery of premises and an order to vacate. If the tenant fails to leave, the sheriff can serve the writ to the tenant and order them to leave within 24 hours.

Minnesota Eviction Forms and Resources

Mississippi

A Mississippi eviction lawsuit starts when a landlord files a complaint in the circuit court for the area where the property is located. The complaint and a summons will be served to the tenant, who must attend the hearing to present their side of the story. The landlord has the burden of proof in showing that the tenant failed to keep up with rent or violated a term of the lease. Each side can support their case with both documentary evidence, such as the lease agreement and photographs, and witness testimony. If the judge rules for the landlord, the tenant must leave the property by a certain deadline. A law enforcement officer can remove the tenant if they fail to leave by the deadline, but the landlord cannot personally remove the tenant at any time.

Mississippi Eviction Forms and Resources

Missouri

A Missouri eviction lawsuit starts when a landlord files an affidavit if the eviction is due to non-payment, or files a complaint if the eviction is due to non-compliance, with the circuit court of the county where the rental unit is located. The tenant will receive notice of the eviction lawsuit, which will either indicate how long the tenant has to vacate the rental unit or when a trial will be held. If the tenant does not attend the trial, a judge can enter a default judgment in favor of the landlord. If the tenant does appear, but the landlord prevails on the evidence, the tenant will have 24 hours to vacate or file an appeal. If a tenant wants to remain in possession of the unit while appealing, they will have to give a sufficient bond to the court to cover the costs of all the damages and rent due.

Missouri Eviction Forms and Resources

Montana

  • Notice for non-payment of rent: 3 days – Montana Code Section 70-24-422
  • Notice for non-compliance with lease / tenant misconduct: Generally 14 days; 3 days for unauthorized tenants or pets; 3 days for substantial damage or harm, whether done or creating reasonable potential; 5 days for repeat violations within the last six months – § 70-24-422
  • Notice for terminating a month-to-month lease: 30 days – § 70-24-441

A Montana eviction lawsuit starts when a landlord files an eviction lawsuit in the county or municipality where the rental unit is located, including a complaint, a summons, and a request for service. The tenant will have 10 business days after service of the complaint to file a written answer. If the tenant does not file an answer or appear at trial, the case will automatically be decided in the landlord’s favor. During an eviction trial, the landlord and the tenant will have the opportunity to present evidence. If the landlord prevails, the tenant must vacate the unit within the court-ordered period of time. If the tenant does not leave, the landlord may request that a sheriff forcibly remove them.

Montana Eviction Forms and Resources

Nebraska

  • Notice for non-payment of rent: 7 days – Nebraska Revised Statutes Section 76-1431
  • Notice for non-compliance with lease / tenant misconduct: 30 days; 14 days if there is a repeat violation within six months; 5 days for illegal or unsafe activities – § 76-1431
  • Notice for terminating a month-to-month lease: 30 days – § 76-1437

A Nebraska eviction lawsuit starts when a landlord files a complaint and summons or restitution with the Clerk of the Civil/Small Claims division of the district or county court with jurisdiction over the rental unit. The tenant will then be served with the summons and complaint by a law enforcement officer (or an appointed representative). The summons will state the date of the trial. During the eviction trial, both parties will have the opportunity to present evidence. If the landlord prevails, the tenant will be ordered to vacate the unit by a court-determined date. If the tenant does not leave the property within the designated time, a sheriff may remove the tenant.

Nebraska Eviction Forms and Resources

Nevada

A Nevada eviction lawsuit starts when a landlord files a complaint for unlawful detainer, a complaint for summary eviction for non-payment of rent, or a complaint for summary eviction. The tenant may answer the complaint and potentially file a motion to delay the eviction for up to 10 days. If a tenant does answer the complaint, a judge will set a date for an eviction hearing at which both sides will have the opportunity to present evidence. If the landlord prevails, the tenant must vacate in a court-determined amount of time. If the tenant does not comply, the landlord may have a constable or sheriff serve the order of eviction or writ of restitution to the tenant.

Nevada Eviction Forms and Resources

New Hampshire

A New Hampshire eviction lawsuit starts when a landlord files a landlord and tenant writ form, as well as an affidavit of damages and statement of claim form if the tenant has not paid rent, in the district court of the county where the rental unit is located. The tenant will then be served with the writ, which will indicate the date before which the tenant must request a hearing by filing an appearance form. If the tenant does not request a hearing, the landlord will automatically prevail. If the tenant requests a hearing, the court will schedule the hearing within 10 days, and both parties will have the opportunity to present evidence. If one party does not attend the hearing, a default judgment will most likely automatically be entered against that party. If the landlord prevails, the judge will issue a writ of possession ordering the tenant to vacate the property in eight days (or later at the judge’s discretion). The tenant is only required to leave the premises once they are served with the writ by the sheriff.

New Hampshire Eviction Forms and Resources

New Jersey

  • Notice for non-payment of rent: None required; 30 days if the landlord habitually accepts late rent – New Jersey Revised Statutes Section 2A:18-61.2
  • Notice for non-compliance with lease / tenant misconduct: One month; 3 days for disorderly conduct, willful or grossly negligent damage or harm, or actions involving illegal drugs, crime, or certain civil court judgments – § 2A:18-61.2; § 2A:18-61.1
  • Notice for terminating a month-to-month lease: One month – § 2A:18-56

A New Jersey eviction lawsuit starts when a landlord files a complaint and summons form in the office of the Special Civil Part Clerk in the county where the rental property is located. The court will serve the tenant with the complaint and summons, which will provide for a hearing at least 10 days after the filing of the complaint. If one party does not appear at the eviction hearing, the judge will likely issue a default judgment against that party. At the eviction hearing, both parties will have the opportunity to present evidence. If the landlord prevails, a judgment for possession will mandate that the tenant vacate within three business days. If the tenant refuses to leave, the landlord may have local law enforcement forcibly remove them.

New Jersey Eviction Forms and Resources

New Mexico

A New Mexico eviction lawsuit starts when a landlord files a petition and summons with the local court in the area where the rental unit is located. The clerk will give the landlord a service packet, which they must arrange to have served on the tenant by the county sheriff, a private process server, or an individual 18 or older who is not a party to the lawsuit at least seven days before the trial. The landlord must also return the return of service form to the clerk of court’s office before the trial. The tenant may file an answer if they wish to contest the eviction. If one party fails to attend the trial, a judgment will be entered against that party. If the landlord prevails, a judgment for restitution with an eviction date, usually three to seven days later, will be ordered. If the tenant does not vacate, the landlord can request a writ of restitution to order the sheriff’s office to oversee the eviction.

New Mexico Eviction Forms and Resources
  • Forms, New Mexico Courts (click on Uniform Owner-Resident Relations Act Forms under District, Magistrate, or Municipal Court)

New York

A New York eviction lawsuit starts when a landlord files a petition and notice of petition for commencing non-payment proceeding (if the tenant has not paid rent) or a petition and notice for commencing holdover proceeding (for any other type of eviction) in the courthouse associated with the location of the rental property. The landlord must then arrange for the documents to be served on the tenant by a professional process server or another adult who has not already served on behalf of the landlord five times in one year. The landlord will have to file an affidavit of service after serving the tenant. The documents must be served between five and twelve days before the hearing. A tenant can answer the petition verbally in court or in writing at least three days before the hearing. The court will then hold an eviction hearing where both parties have the opportunity to present evidence. If one party does not attend, the case will be decided against them. If the landlord prevails, but the tenant does not vacate, the landlord may have the tenant removed by a constable, marshal, or sheriff.

New York Eviction Forms and Resources

North Carolina

A North Carolina eviction lawsuit starts when a landlord files a complaint in summary ejectment and summons in the small claims court or district court (if the tenant owes more than $10,000) of the county where the rental unit is located. A court date will be set 14 days after the date the summons is issued, and a sheriff will serve the tenant. The tenant will have seven days to file an answer. If either party fails to appear at the hearing, a default judgment may be entered against that party. However, if the tenant moves out (and does not owe the landlord money) before the hearing and does not contest the eviction, they will not have to appear. At the hearing, both parties will have the opportunity to present evidence. If the landlord prevails, the judge will issue a judgment for possession, and the tenant will be required to move out or file an appeal within 10 days. If the tenant does not move out, the landlord can request a writ of possession and have the sheriff evict the tenant.

North Carolina Eviction Forms and Resources

North Dakota

A North Dakota eviction lawsuit starts when a landlord files an eviction summons and complaint with the district court in the county where the rental unit is located. Then, the summons and complaint must be served on the tenant by a third party, and the server must complete an affidavit to be filed in court. Usually, a court date will be set between three and fifteen days later. At the eviction hearing, both parties will have the opportunity to present evidence. If the tenant does not appear, the judge may rule against the tenant automatically. If the landlord prevails, the tenant must vacate the unit and follow any other instructions in the judge’s order. If the tenant does not vacate, the landlord can request a writ of restitution for the local sheriff to evict the tenant.

North Dakota Eviction Forms and Resources

Ohio

An Ohio eviction lawsuit starts when a landlord files a complaint and summons for a forcible entry and detainer action with the clerk of the municipal court or county court of common pleas where the rental unit is located. These papers must be sent to the tenant by certified mail and posted at the premises at least seven days before the hearing. At the eviction hearing, both parties will have the opportunity to present evidence. If one party does not appear, the judge will likely enter a default judgment against that party. If the landlord prevails, the tenant will be ordered to vacate within a court-ordered period of time. If the tenant does not leave, the landlord may request that the court have the sheriff serve a writ of restitution and evict the tenant.

Ohio Eviction Forms and Resources

Oklahoma

  • Notice for non-payment of rent: 5 days (however, the landlord can file an action for recovery immediately) – Oklahoma Statutes Section 41-131
  • Notice for non-compliance with lease / tenant misconduct: 15 days; none required for illegal or harmful activity – § 41-132
  • Notice for terminating a month-to-month lease: 30 days – § 41-111

An Oklahoma eviction lawsuit starts when a landlord files a summons and a forcible entry and detainer complaint with the small claims court clerk for the district court of the county where the rental unit is located. The tenant must be served with copies of these documents at least three days before the eviction hearing date. The summons and complaint must be delivered by a private process server or sheriff, rather than the landlord. At the eviction hearing, both parties will have the opportunity to present evidence. If the tenant does not appear, a default judgment might be entered against them. If the landlord prevails, the tenant must vacate the property and comply with any other instructions in the order. If the tenant does not vacate, the landlord can request a writ of execution to give the tenant 48 hours to comply, or the tenant will be physically evicted by a sheriff.

Oklahoma Eviction Forms and Resources

Oregon

  • Notice for non-payment of rent: 3 days if the notice comes after the eighth day rent is due or 6 days if the notice comes after the fifth day rent is due – Oregon Revised Statutes Section 90.394
  • Notice for non-compliance with lease / tenant misconduct: 24 hours for illegal or harmful activity; 10 days for an unpermitted pet; 30 days for all other non-compliance; 10 days for a repeat offense within the last six months – § 90.396; § 90.405; § 90.392
  • Notice for terminating a month-to-month lease: 30 days for tenancy less than one year; 60 days for tenancy that has lasted for one year or more – § 90.427

An Oregon eviction lawsuit starts when a landlord files a residential eviction complaint and summons. The tenant must be served with the summons by a sheriff or private process server or a person over the age of 18 who is a resident of Oregon and not a party to the case or an employee of the tenant. If the tenant cannot be served personally, the server will post the summons on the main entrance of the unit. A certificate of service must be completed by the server and filed. During the eviction hearing, both parties will have the opportunity to present evidence. If either party does not appear, the judge may order a default judgment against that party. If the landlord prevails, the tenant will have to vacate the premises. If the tenant does not leave, the landlord can have the sheriff remove the tenant.

Oregon Eviction Forms and Resources

Pennsylvania

  • Notice for non-payment of rent: 10 days – 68 Pennsylvania Statutes Section 250.501
  • Notice for non-compliance with lease / tenant misconduct: 15 days unless the lease is for longer than 1 year, then 30 days; 10 days in the case of illegal drug activity – § 250.501; § 250.505-A
  • Notice for terminating a month-to-month lease: 15 days unless the lease is for longer than 1 year, then 30 days – § 250.501

A Pennsylvania eviction lawsuit starts when a landlord files an eviction complaint with the magisterial district court with jurisdiction over the property. The clerk of the court will then schedule an eviction trial between seven and fifteen days from the date of filing. The landlord must arrange to have the summons served on the tenant by the local sheriff or constable. After service, the landlord should ask the sheriff’s department for proof of service. During the eviction hearing, both parties will have the opportunity to present evidence. If the landlord prevails, a judgment for possession will be entered, which the tenant may appeal within 10 days. If the landlord is awarded a monetary judgment, the tenant may appeal this award within 30 days. If the tenant does not appeal or vacate within 10 days, the landlord can request an order for possession, and the constable will evict the tenant.

Pennsylvania Eviction Forms and Resources

Rhode Island

  • Notice for non-payment of rent: 5 days – Rhode Island General Laws Section 34-18-35
  • Notice for non-compliance with lease / tenant misconduct: 20 days; none required for illegal activity or seasonal occupants with occupancy or noise violations – § 34-18-36
  • Notice for terminating a month-to-month lease: 30 days – § 34-18-37

A Rhode Island eviction lawsuit starts when a landlord files an eviction complaint in the district court with jurisdiction over the property. The court clerk will schedule an eviction hearing and issue a summons and answer form, which, along with the complaint, must be served on the tenant by the landlord using first class mail. The documents will also be served on the tenant by the court sheriff. The tenant may then file an answer to the complaint. During the eviction trial, both parties will have the opportunity to present evidence. A tenant can stop the eviction if they pay the total owed before or on the date of the eviction trial, but only if they have not had another eviction notice in the previous six months. If the landlord prevails, the tenant must vacate in a court-ordered timeframe, and the judge will issue a writ of restitution. The writ permits law enforcement to evict the tenant if the tenant does not comply on their own.

Rhode Island Eviction Forms and Resources

South Carolina

A South Carolina eviction lawsuit starts when a landlord files an application for ejectment and a rule to show cause with the magistrate court in the county where the rental unit is located. The landlord must have these documents served on the tenant by the sheriff’s department or a process server. The rule to show cause will instruct the tenant to file their answer within 10 days and allow them to request a hearing. If the tenant does not file their answer, the court will issue a warrant of ejectment to permit law enforcement to remove the tenant. If the tenant does file an answer, a hearing will be held, and the parties can request a trial by jury or a trial by judge only. Both parties will have the opportunity to present evidence at the trial. If the landlord prevails, the court will issue a writ of ejectment stating when the tenant must vacate. The writ also allows the sheriff’s department to take action if the tenant does not leave.

South Carolina Eviction Forms and Resources

South Dakota

A South Dakota eviction lawsuit starts when a landlord files a summons and complaint in the district court with jurisdiction over the rental unit. The summons and complaint must then be delivered to the tenant by a process server or sheriff. If the server cannot serve the tenant personally after two attempts, they must post the documents in a conspicuous location on the property and send another copy by first class mail, along with handing a copy to another resident, if possible. The tenant will have four days after service to file an answer. If a tenant fails to file an answer, the landlord will automatically prevail. Otherwise, an eviction trial will be set in front of a judge or in front of a jury if either party requests. Both parties will have the opportunity to present evidence. If the landlord prevails, the tenant will have to vacate within a court-ordered amount of time and may have to pay other costs. If the tenant does not leave, the landlord can obtain an execution for possession to allow the sheriff to evict the tenant.

South Dakota Eviction Forms and Resources

Tennessee

  • Notice for non-payment of rent: 14 days – Tennessee Code Section 66-7-109
  • Notice for non-compliance with lease / tenant misconduct: 30 days; 14 days for damage beyond wear and tear or unsafe activity (or 7 days if the offense is repeated within 6 months); 3 days for illegal activity; none required for activity related to prostitution or criminal drug offenses – § 66-7-109; § 66-7-107; § 66-28-505
  • Notice for terminating a month-to-month lease: 30 days – § 66-28-512

A Tennessee eviction lawsuit starts when a landlord obtains a detainer summons from the circuit court of the county where the rental unit is located, and the document is served on the tenant by a sheriff or process server. A hearing will be set at least six days after service. During the eviction hearing, both parties will have the opportunity to present evidence. If either party does not appear, a default judgment may be entered against that party. If the landlord prevails, the tenant will have 10 days to vacate the premises or appeal the eviction. If the tenant does not appeal or vacate, the landlord may request a writ of possession and have the sheriff evict the tenant.

Tennessee Eviction Forms and Resources

Texas

A Texas eviction lawsuit starts when a landlord files a forcible detainer complaint in the justice court within the precinct where the rental unit is located. The tenant will be served with the documents by a sheriff or constable. During the eviction hearing, both parties will have the opportunity to present evidence. If one party does not appear, the judge may order a default judgment against that party. The losing party will have five days to appeal the decision. If the landlord prevails, the court will order a writ of possession, which allows a constable or sheriff to evict the tenant if the tenant does not leave within a court-ordered period of time.

Texas Eviction Forms and Resources

Utah

A Utah eviction lawsuit starts when a landlord files a forcible detainer complaint and summons with the local district court. The tenant must be served these documents by an individual at least 18 years old who is not a party to the case. After service, the landlord must file proof of service with the district court. The tenant will have three business days from the date of service to file an answer with the court and send a copy to the landlord. If the tenant does not answer the complaint, or attend the hearing if they do answer the complaint, the court may order a default judgment against them. An eviction hearing will take place within 10 days of the tenant’s answer, during which both parties will have the opportunity to present evidence. If the landlord prevails, the judge will issue an order of restitution to be served by a sheriff or constable, which allows the tenant three days to vacate.

Utah Eviction Forms and Resources

Vermont

  • Notice for non-payment of rent: 14 days – 9 Vermont Statutes Section 4467
  • Notice for non-compliance with lease / tenant misconduct: 30 days; 14 days for illegal or harmful activity – § 4467
  • Notice for terminating a month-to-month lease: 60 days for tenancies of two years or less; 90 days for tenancies of two years or more – § 4467

A Vermont eviction lawsuit starts when a landlord files an action for possession, including an eviction complaint and a summons, with the civil division of the superior court of the county where the rental unit is located. The tenant must receive the documents by service from a sheriff or constable. The tenant has 20 days from the date of service to file an answer with the court. If they fail to do so, the judge will most likely issue an automatic judgment against them. During an eviction hearing, both parties will have the opportunity to present evidence. If either party does not appear, an automatic judgment may be entered against that party. If the landlord prevails, the judge will issue a writ of possession ordering the tenant to vacate within 10 days. If the tenant does not leave, the sheriff may forcibly remove them.

Vermont Eviction Forms and Resources

Virginia

  • Notice for non-payment of rent: 5 days – Virginia Code Section 55.1-1245
  • Notice for non-compliance with lease / tenant misconduct: 30 days (allowing 21 days to remedy the breach); none required for illegal or harmful activity – § 55.1-1245
  • Notice for terminating a month-to-month lease: 30 days – § 55.1-1253

A Virginia eviction lawsuit starts when a landlord files a summons for unlawful detainer in the civil division of the general district court where the rental unit is located. The sheriff’s department will then serve the tenant with the documents, which will inform them of the date of the hearing. If the tenant appears at the hearing and denies the allegations, the judge will set a trial date. If they do not appear, the judge will enter a default judgment against them. At the eviction trial, both parties will have the opportunity to present evidence to the judge. If the landlord prevails, the tenant must vacate and pay any other costs. If the tenant refuses to leave, the landlord may file a request for a writ of possession to have the sheriff evict the tenant.

Virginia Eviction Forms and Resources

Washington

A Washington eviction lawsuit starts when a landlord files an unlawful detainer action, including an eviction summons and complaint, with the superior court in the county where the rental unit is located. If the lawsuit contains a complaint of unpaid rent, the landlord must also file a sworn statement. The tenant must also be served with a copy of the documents by a sheriff or process server. Once served, the tenant will have seven days to file an answer, and a hearing date will be set. If the tenant does not answer, a default judgment will be entered against them. During the eviction hearing, both parties will have the opportunity to present evidence. If either party does not appear, the judge will likely enter a default judgment against that party. If the landlord prevails, the judge will issue a writ of restitution. If the tenant does not vacate in the specified period of time, the writ allows a sheriff to evict the tenant.

Washington Eviction Forms and Resources

West Virginia

A West Virginia eviction lawsuit starts when a landlord files a wrongful occupation action to evict a tenant or a summons and complaint in unlawful detainer for financial damages in the magistrate court of the county where the rental unit is located. An eviction hearing will be scheduled within 10 days of the filing date (but an unlawful detainer case will take longer). The landlord must have the documents served on the tenant by a sheriff or third party and obtain proof of service. The tenant must then file an answer within five days of being served. If they do not, a default judgment will be entered against them. During the eviction hearing, both parties will have the opportunity to present evidence. If the landlord prevails, the tenant must vacate in the court-ordered amount of time. If the tenant does not move out, the landlord can request that the sheriff evict the tenant (this applies in an unlawful detainer case, but in a wrongful occupation case, the sheriff will be ordered to evict the tenant automatically).

West Virginia Eviction Forms and Resources

Wisconsin

  • Notice for non-payment of rent: 5 days; 14 days with no option to cure if there is a repeat violation within one year; 30 days for leases longer than one year – Wisconsin Statutes Section 704.17
  • Notice for non-compliance with lease / tenant misconduct: 5 days; 14 days with no option to cure if there is a repeat violation within one year; 30 days for leases longer than one year – § 704.17
  • Notice for terminating a month-to-month lease: 28 days; notice equal to the rent-paying period if rent is paid more than once a month – § 704.19

A Wisconsin eviction lawsuit starts when a landlord files a summons and complaint for eviction in the county where the rental unit is located. All documents must be sent to the tenant five days before the initial court date by a private process server or sheriff who can obtain proof of service. At the court hearing, both parties will have the opportunity to present evidence. If either party fails to appear, a default judgment will be entered against them. If the landlord prevails, the tenant must vacate the premises by order of a writ of restitution. If the tenant does not comply, the writ allows the sheriff to remove the tenant.

Wisconsin Eviction Forms and Resources

Wyoming

  • Notice for non-payment of rent: 3 days – Wyoming Statutes Section 1-21-1003
  • Notice for non-compliance with lease / tenant misconduct: 3 days – § 1-21-1003
  • Notice for terminating a month-to-month lease: Not provided by statute

A Wyoming eviction lawsuit starts when a landlord files a complaint with the circuit court in the county where the rental unit is located. The complaint and a summons will then be delivered to the tenant between three and twelve days before the trial date. The tenant is not required to answer, but filing an answer will allow the tenant to summon witnesses and present evidence. At the trial, both parties will have the opportunity to present evidence. Either party may ask for a trial by jury, but otherwise a judge will decide the outcome. If the landlord prevails, the tenant will have to vacate and pay any costs applicable. If the tenant prevails, the landlord is responsible for all court costs. The landlord may request a writ of restitution to enable the sheriff to evict the tenant if the tenant does not leave on their own.

Wyoming Eviction Forms and Resources

Landlord - Tenant Law Center Contents   

Related Areas