Eviction Laws by State

Eviction laws vary significantly by state, affecting notice periods, tenant rights, court procedures, and how long an eviction may take. This page provides a state-by-state overview of eviction laws in the United States, allowing landlords to quickly understand legal differences across jurisdictions.

Explore Eviction Laws in the United States

Click any state below to view its eviction process, notice requirements, timelines, and court procedures.

How Eviction Laws Differ by State

Eviction laws in the United States are governed primarily at the state level, with meaningful differences in notice requirements, tenant cure rights, court procedures, and enforcement timelines.

While eviction cases generally follow a similar structure nationwide, state statutes differ in several critical areas, including:

• Required notice periods before an eviction case may be filed
• Whether tenants have a statutory right to cure lease violations
• How quickly cases are scheduled for hearing
• When writs of possession may be issued and enforced

Local court rules, service methods, tenant responses, and judicial discretion can further affect outcomes. For this reason, eviction timelines should be understood as a range rather than a guaranteed timeframe.

Compare Eviction Timelines Between States

If you need to directly compare eviction timelines, notice periods, or court processes between two states, use the Eviction Compare tool below:

Compare Eviction Timelines by State

Understanding the Eviction Process: A National Overview

The eviction process represents one of the most legally complex and emotionally challenging aspects of property management. While the fundamental structure remains similar across the United States—notice, filing, hearing, judgment, and enforcement—the specific procedures, timelines, and tenant protections vary dramatically from state to state. Understanding these differences isn’t just important for compliance; it’s essential for protecting your investment and avoiding costly legal mistakes that can delay evictions by months.

Every eviction begins with proper notice. Depending on your state and the reason for eviction, you may need to provide anywhere from three days to several months of notice before filing court papers. Non-payment of rent typically requires the shortest notice periods, often three to five days in landlord-friendly states, while lease violations may require 10 to 30 days, and no-cause terminations in month-to-month tenancies can require 30 to 90 days or more. Some states allow tenants a “cure period” during which they can remedy the violation and remain in the property, while others allow immediate eviction filings for certain violations.

The notice must be properly served according to state law—personal delivery, certified mail, posting on the property, or some combination thereof—and must contain specific language and information required by statute. Using incorrect notice language, failing to calculate notice periods properly (including or excluding weekends and holidays as required by law), or improper service methods can invalidate your notice and force you to start over, costing weeks or months of lost rent.

Once the notice period expires without resolution, landlords file an eviction complaint (sometimes called unlawful detainer or forcible entry and detainer) with the appropriate court. Court filing procedures, required forms, filing fees, and scheduling timelines vary by jurisdiction. In some states, hearings are scheduled within days; in others, court backlogs mean waiting weeks or months for a hearing date. Some jurisdictions require mediation before trial, adding another layer to the process.

At the hearing, landlords must present evidence supporting the eviction: the lease agreement, proof of proper notice, documentation of the violation (such as bounced rent checks or lease violation records), and sometimes witness testimony. Tenants may raise various defenses: improper notice, landlord retaliation, housing code violations, discrimination, or claims that rent was actually paid. Courts in tenant-friendly jurisdictions often give considerable latitude to tenant defenses and may continue cases multiple times to allow tenants to obtain counsel or gather evidence.

If the landlord prevails, the court issues a judgment for possession and, typically, unpaid rent and court costs. However, judgment doesn’t mean immediate possession. Most states require landlords to obtain a writ of possession (or writ of restitution) and have it executed by a sheriff or constable. This adds days or weeks to the process. Some states have automatic stay periods during which tenants can pay all amounts owed and stop the eviction. Others allow tenants to file appeals, which can delay enforcement for months.

Common Eviction Mistakes That Cost Landlords Time and Money

Self-help evictions—changing locks, removing tenant property, or shutting off utilities to force tenants out—are illegal everywhere and can result in substantial damages awarded to tenants, criminal charges against landlords, and complete loss of your eviction case. Always follow legal procedures regardless of how egregious the tenant’s behavior or how strong you believe your case to be.

Accepting partial rent payments after serving an eviction notice can waive your right to proceed with the eviction in many states, essentially requiring you to start the entire process over. If a tenant offers payment after you’ve served notice, consult your attorney before accepting anything. Some states allow landlords to accept rent “without prejudice” to the eviction proceeding, but this must be done correctly.

Many landlords underestimate how important documentation is to eviction cases. Courts require proof of everything: that the lease exists, that notice was properly served, that the violation occurred, that you followed all procedures correctly. Keep meticulous records of all rent payments, lease violations, communications with tenants, maintenance requests and responses, and every step of the eviction process. Photograph or video document property conditions when relevant. Missing documentation can mean losing an otherwise solid case.

Filing in the wrong court, using outdated forms, missing filing deadlines, or failing to properly serve court papers on tenants are technical errors that can derail your case. Court clerks generally cannot provide legal advice, so landlords filing pro se (without attorneys) often make procedural mistakes that prove costly. While attorneys add upfront cost, they typically save money overall by avoiding delays and errors.

The True Cost of Eviction

Beyond court costs and attorney fees, evictions carry substantial hidden costs. Each month of delay means lost rent—often unrecoverable even with a judgment, since tenants facing eviction rarely have assets to collect against. There’s property damage to repair, cleaning costs, marketing expenses to find new tenants, and vacancy loss during turnover. A eviction that drags on for three or four months can easily cost $10,000 or more in a typical rental property when all factors are considered.

This is why prevention is always preferable to eviction. Thorough tenant screening, clear lease terms, proactive communication, early intervention when issues arise, and sometimes working with struggling tenants to transition out voluntarily can avoid the eviction process entirely. But when eviction becomes necessary, knowing your state’s specific procedures and following them precisely is the only way to minimize the damage to your investment.

Quick Access to Official State Resources

The interactive map below links directly to each state’s official landlord-tenant or real estate law resources. For our detailed eviction guides, use the state buttons above.