← Legal GlossaryCategory: Real Estate & Property
Eviction
A legal process by which a landlord removes a tenant from a rental property for violating lease terms, failing to pay rent, or other lawful grounds.
What Is Eviction?
Eviction is the formal legal procedure through which a landlord seeks to regain possession of a rental property by removing a tenant. Landlords cannot simply change locks or remove a tenant's belongings; they must follow specific legal procedures established by state and local law. Self-help evictions are illegal in every state.
## The Eviction Process
- **Notice to the tenant** specifying the reason and providing a cure period (if applicable)
- **Filing an eviction lawsuit** (unlawful detainer action) if the tenant does not comply
- **Court hearing** where both parties present their case
- **Court judgment** either in favor of the landlord or tenant
- **Writ of possession** executed by law enforcement if the tenant does not voluntarily leave
## Common Grounds for Eviction
Lawful reasons for eviction include nonpayment of rent, violation of lease terms (unauthorized pets, subletting, or property damage), engaging in illegal activity on the premises, remaining after the lease expires (holdover tenancy), and the landlord's need to make substantial repairs. Retaliatory or discriminatory evictions are prohibited under federal and state law. Tenants facing eviction should understand their rights, including the right to contest the eviction in court.