SLUMLORDS

Glossary

Eviction

The legal process by which a landlord removes a tenant — strictly governed by state law and almost always requires a court order.

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Eviction is the legal process — not a unilateral action — by which a landlord forces a tenant to leave a rental property. In all 50 states, it requires a court order. A landlord cannot legally change the locks, shut off utilities, remove a tenant’s belongings, or physically remove a tenant without a judgment from a court and, typically, the involvement of a sheriff or marshal. Anything else is "self-help eviction" and is illegal nearly everywhere.

A standard eviction (sometimes called unlawful detainer) follows a sequence: the landlord serves a written notice (the type and notice period vary by reason — non-payment is usually shorter than a no-cause termination), the tenant has a chance to cure or move out, and if the tenant stays, the landlord files in court. The tenant is served, has the right to respond, and gets a hearing. Only after a judgment for the landlord can the tenant be physically removed.

Grounds vary: non-payment of rent, lease violations, end of lease term in some states, owner move-in. Some jurisdictions (rent-controlled cities, "just cause" states) require the landlord to articulate one of a closed list of reasons; others allow no-cause non-renewal at end of term.

Evictions become public record and can affect a tenant’s ability to rent in the future, even if the case was dismissed or the tenant prevailed. Tenants facing eviction should not ignore court papers and should seek free or low-cost legal aid if available — outcomes are dramatically better with representation.

Educational, not legal advice.