How to Evict a Tenant: The Legal Process Step by Step

Know Your Legal Grounds Before You Start

Eviction law is strict: you need a valid, documented reason before you can remove a tenant. Courts will not allow an eviction just because the relationship has soured. Accepted grounds vary by jurisdiction, but the most common reasons recognized across the US and Canada include non-payment of rent, material lease violations, illegal activity on the property, and the landlord's own use of the unit.

Document every incident before you file anything. That means dated written notices, bank records showing missed payments, photographs of damage, and copies of any communications with the tenant. Weak documentation is the single most common reason landlords lose eviction hearings.

• Non-payment of rent (most common ground)
• Repeated or material lease violations (unauthorized occupants, pets, noise)
• Illegal activity on the premises
• Owner or immediate-family occupancy (Canada - N12 equivalent, or state just-cause rules)
• End of a fixed-term lease where no renewal right exists

Step 1 - Serve the Correct Legal Notice

Before you can file with a court, you must serve the tenant a formal written notice that complies with your jurisdiction's rules. The notice type, required language, and minimum notice period all depend on your state or province and the reason for eviction. A pay-or-quit notice for rent arrears is typically 3 to 14 days in most US states. A cure-or-quit notice for a lease violation may allow 10 to 30 days. Termination-of-tenancy notices in Canada follow provincial Residential Tenancies Act timelines that can run 14 to 60 days.

Serve the notice correctly - posting it to the door, delivering it in person, or sending it by certified mail as your local rules require. Keep a copy and a timestamped record of delivery. Revun's /forms/ library includes jurisdiction-specific notice templates you can download and customize so the language meets your local requirements from the start.

Do not accept partial rent after serving a pay-or-quit notice without checking your local rules first. In many jurisdictions, accepting any payment restarts the notice clock or waives your right to proceed with that filing.

Step 2 - File an Eviction Lawsuit (Unlawful Detainer / LTB Application)

If the tenant does not comply with the notice - pays the balance, cures the violation, or vacates - your next step is filing with the appropriate court or tribunal. In most US states this is called an unlawful detainer action and is filed at your local county or municipal court. In Ontario you file an application with the Landlord and Tenant Board (LTB). Other Canadian provinces have their own boards or residential tenancy offices.

Filing fees range from roughly $75 to $400 depending on jurisdiction. You will need to submit the original notice, proof of service, your lease agreement, and any supporting documentation. Many courts now accept e-filing. Once filed, the court schedules a hearing and issues a summons that must be served on the tenant according to court rules - this is separate from the original notice you already sent.

• Gather: signed lease, payment ledger, original notice with proof of service, communication records
• File at: county/municipal court (US unlawful detainer) or provincial LTB/RTB (Canada)
• Pay the filing fee and obtain the hearing date
• Serve the summons on the tenant per court instructions - usually within a set window before the hearing

Step 3 - Attend the Hearing and Get a Judgment

Show up to the hearing prepared and professional. Bring organized printed copies of every document - lease, notices, payment history, photos, and any written communications. Judges and adjudicators move quickly through eviction dockets. You need to state your case clearly and briefly. If the tenant does not appear, you may receive a default judgment in your favor. If they do appear, they may present defenses - retaliatory eviction claims, habitability counterclaims, or procedural errors on your part.

If the court rules in your favor, you receive a judgment for possession and often a money judgment for any rent owed. The tenant typically gets a set number of days to vacate voluntarily - this is called a 'stay' period and ranges from 24 hours to 30 days depending on local law and the judge's discretion. In Canadian LTB hearings the standard payment or compliance order may come first, with eviction only ordered if the tenant fails to comply.

If you lose on a technicality - an incorrect notice period, wrong notice form, or improper service - you will likely need to start the process over. This is why using accurate, up-to-date forms from a source like Revun's /forms/ library matters before you ever file.

Step 4 - Enforce the Writ and Regain Possession

A judgment for possession does not physically remove the tenant - that requires a writ of possession (called a writ of execution or enforcement order in some jurisdictions). You take the judgment back to the court clerk, pay a small fee, and obtain the writ. Then the writ goes to the county sheriff or local enforcement officer, who schedules the lockout. You cannot change the locks yourself or remove the tenant's belongings without the officer present - doing so is an illegal self-help eviction and can expose you to significant liability.

Once the officer supervises the lockout, you can change the locks and re-enter the property. You are generally required to handle the tenant's abandoned personal property according to your local rules - most jurisdictions require a waiting period before disposal and written notice to the tenant about their belongings.

Keeping clear financial records throughout the process makes it easier to pursue any money judgment afterward. Revun tracks rent payment history, late fees, and outstanding balances per door, giving you a clean ledger to bring to court and to any collections process that follows.

• Obtain a writ of possession from the court clerk after judgment
• Submit the writ to the county sheriff or provincial enforcement office
• Attend the scheduled lockout with the officer - never lock out a tenant unilaterally
• Follow local abandoned-property rules before disposing of anything left behind
• Update your rent ledger and pursue the money judgment through small claims or collections if applicable