Abandonment

When a tenant leaves a rental property without notice and stops paying rent, effectively giving up their rights to the unit. Most states define a specific waiting period (typically 5–30 days) before a landlord can legally declare the property abandoned and re-enter. The landlord usually must store the tenant’s remaining belongings for a set time before disposing of them.

Appeal Bond

A sum of money or surety that a tenant must post when appealing an eviction judgment. The bond typically covers the rent that will come due during the appeal period and ensures the landlord is compensated if the appeal fails. In some states, failure to post the bond means the eviction proceeds despite the appeal.

Certified Mail

A postal service method that provides proof of mailing and delivery. Many states allow or require eviction notices to be served via certified mail, which creates a paper trail showing the tenant was notified. Some states accept certified mail as primary service; others only allow it as a backup when personal service fails.

Constable

A local law enforcement officer authorized to serve legal papers and execute writs of possession. In some states, constables are the primary officers who carry out evictions. They are typically elected officials at the county or township level and may charge separate fees for service and execution.

Constructive Eviction

When a landlord’s actions (or failure to act) make a rental unit so uninhabitable that the tenant is effectively forced to leave, even though no formal eviction was filed. This can include failing to provide heat, water, or essential repairs. Constructive eviction is a legal defense tenants can raise, and landlords can face liability if a court finds it occurred.

Continuance

A postponement of a scheduled court hearing to a later date. Either the landlord or tenant can request a continuance, and the judge decides whether to grant it. Continuances are one of the most common causes of delay in eviction cases. Some states allow tenants an automatic continuance on the first request, which can add weeks to the timeline.

Cure or Quit

Also: Notice to Cure, Right to Cure, Pay or Quit

A notice that gives the tenant a specific number of days to fix (“cure”) the lease violation — such as paying overdue rent or removing an unauthorized pet — or move out (“quit”). If the tenant cures the problem within the timeframe, the eviction stops. If they don’t, the landlord can proceed with filing. Most states require a cure period for nonpayment; some do not for repeat or serious violations.

Default Judgment

A judgment entered in the landlord’s favor when the tenant fails to appear in court or respond to the eviction complaint. In most states, the landlord still must prove their case to the judge, but without the tenant present to contest it, the judgment is typically granted quickly — sometimes the same day.

Demand for Possession

A formal written notice requiring a tenant to either pay overdue rent or surrender possession of the rental unit. This is the first step in many states’ eviction processes. The demand must typically include the amount owed, the deadline to pay, and the consequence of failing to comply (eviction filing).

Detainer Warrant

Also: Dispossessory Warrant, Distress Warrant

A court-issued document authorizing the physical removal of a tenant from a rental property. The name varies by state — Georgia uses “dispossessory warrant,” Tennessee uses “detainer warrant,” and some states use “distress warrant.” Regardless of the name, it serves the same purpose: directing law enforcement to enforce the eviction.

Eviction

The legal process by which a landlord removes a tenant from a rental property. Eviction is a court-supervised procedure — a landlord cannot simply change the locks or remove a tenant’s belongings without a court order. The process typically involves serving notice, filing a complaint, attending a hearing, obtaining a judgment, and having law enforcement execute the removal.

Fair Housing

Federal and state laws that prohibit discrimination in housing based on race, color, religion, sex, national origin, familial status, and disability. Many states add additional protected classes such as sexual orientation, gender identity, source of income, or veteran status. Landlords must ensure their eviction decisions are based on legitimate lease violations, not discriminatory motives.

Forcible Entry and Detainer (FED)

Also: Forcible Detainer, FED Action

The legal name for the eviction lawsuit in many states, particularly in the Midwest and West. “Forcible entry” refers to someone taking possession of property unlawfully; “detainer” refers to someone holding onto property they no longer have the right to occupy. Despite the aggressive name, this is simply the standard court proceeding for eviction — no actual force is implied by the landlord.

Habitability (Implied Warranty of)

A legal doctrine present in most states requiring landlords to maintain rental properties in a condition fit for human habitation. This includes working plumbing, heat, electricity, structural integrity, and freedom from pest infestations. If a landlord fails to maintain habitability, tenants may have defenses against eviction, including rent withholding or repair-and-deduct remedies.

Holdover Tenant

Also: Tenant at Sufferance

A tenant who remains in the rental unit after their lease has expired without the landlord’s consent. Holdover tenants have fewer protections than tenants with active leases, and in many states the landlord can begin eviction proceedings immediately or with shortened notice periods. If the landlord accepts rent from a holdover tenant, it may create a new month-to-month tenancy.

Implied Warranty of Habitability

See Habitability. This is the legal principle that every residential lease contains an unwritten guarantee that the property will be maintained in livable condition, even if the lease doesn’t explicitly say so. It exists in nearly every state and is a common tenant defense in eviction cases.

Judgment for Possession

The court order granting the landlord the legal right to reclaim possession of the rental unit. This is the outcome of a successful eviction hearing. After a judgment for possession is entered, the landlord can request a writ of possession to have law enforcement physically remove the tenant. The judgment may also include back rent, court costs, and sometimes attorney fees.

Just Cause Eviction

A legal requirement in some states and cities that landlords can only evict tenants for specific, legally recognized reasons (like nonpayment, lease violations, or owner move-in). This prevents landlords from evicting tenants simply because their lease expired or because the landlord wants to raise rent. Just cause requirements are most common in cities with rent control or strong tenant protections.

Late Fee

A charge assessed to a tenant for paying rent after the due date. Most states allow late fees but may cap them at a percentage of rent (commonly 5–10%) or a flat dollar amount. Some states require a grace period before a late fee can be charged. Late fees are separate from eviction — a landlord cannot evict solely for unpaid late fees unless the lease treats them as additional rent.

Lease Violation

Also: Breach of Lease, Material Noncompliance

Any action by a tenant that breaks the terms of the lease agreement — such as unauthorized occupants, pets in a no-pet unit, excessive noise, property damage, or illegal activity. Most states require the landlord to give the tenant a chance to fix (“cure”) the violation before filing for eviction, though serious violations like criminal activity may allow for immediate action.

Lockout

Also: Set Out, Physical Eviction

The physical act of changing the locks and removing the tenant’s belongings from the rental unit, carried out by law enforcement after a writ of possession is issued. A lockout is the final step in the eviction process. Illegal or “self-help” lockouts — where the landlord changes locks without a court order — are prohibited in every state and can result in penalties and liability for the landlord.

Mandatory Mediation

A requirement in some states or counties that the landlord and tenant attempt to resolve the dispute through a neutral mediator before the eviction hearing proceeds. Mediation can result in payment plans, move-out agreements, or dismissed cases. While it can delay the eviction timeline, it sometimes leads to faster resolution than going through a full trial.

Marshal

A court officer authorized to serve legal documents and execute court orders, including writs of possession. In some jurisdictions (like New York City), the marshal is the primary officer who carries out evictions. City marshals are typically appointed by the court and charge fees for their services, which the landlord pays upfront and may recover from the tenant through the judgment.

Material Noncompliance

A significant violation of the lease agreement that affects the health, safety, or welfare of other tenants or the property itself. Material noncompliance is more serious than minor violations and may allow the landlord to proceed with eviction without offering a cure period. Examples include illegal drug activity, unauthorized structural modifications, or repeated disturbances.

No-Fault Eviction

An eviction that is not based on any wrongdoing by the tenant — for example, the landlord wants to move into the unit, make major renovations, or take the property off the rental market. Some states allow no-fault evictions with extended notice periods (30–90 days), while states with “just cause” requirements may prohibit them entirely or limit them to specific circumstances.

Nonpayment of Rent

The most common ground for eviction. Nonpayment occurs when a tenant fails to pay rent on time and does not pay within any applicable grace or cure period. The eviction process for nonpayment typically starts with a “pay or quit” notice giving the tenant a specific number of days (3–14 depending on the state) to pay the full balance or vacate.

Notice to Comply

A formal notice directing a tenant to correct a lease violation within a specified timeframe. This is functionally identical to a “cure or quit” notice and is the term used in several states. The notice must typically describe the specific violation, state what the tenant needs to do to fix it, and provide a deadline for compliance.

Notice to Quit / Notice to Vacate

A written notice from the landlord informing the tenant that they must leave the premises by a certain date. This is the formal first step in most eviction processes. The required notice period, content, and delivery method are dictated by state law. A notice to quit does not mean the tenant is being physically removed — it starts the clock on the legal process that may eventually lead to a court-ordered eviction.

Order of Eviction

A court-issued order directing that a tenant be removed from a property. This is essentially the same as a “judgment for possession” and authorizes law enforcement to execute the eviction. The terminology varies by state — some use “order of eviction,” others use “judgment for possession” or “writ of restitution.”

Pay and Stay

Also: Redemption, Right of Redemption

A provision in some states that allows a tenant to stop the eviction process — even after a judgment has been entered — by paying all overdue rent, late fees, and court costs before the physical eviction is carried out. This right is controversial among landlords because it can be exercised at the last minute, effectively restarting the tenancy after months of nonpayment and legal costs.

Personal Service

Delivering legal documents directly to the tenant in person — either by handing them the papers or leaving them with a suitable person at the tenant’s residence. Personal service is considered the most reliable form of service and is required as the first attempt in most states. It creates the strongest proof that the tenant received notice.

Process Server

A person authorized to deliver legal documents (like eviction notices and court summonses) to the tenant. Process servers can be private individuals, sheriff’s deputies, or certified professionals depending on the state. They provide an affidavit of service proving the documents were delivered, which is required for the court case to proceed.

Redemption Period

A window of time after an eviction judgment during which the tenant can still pay all amounts owed and stop the eviction from being carried out. Not all states offer a redemption period, and where it exists, it varies from a few days to several weeks. Once the redemption period expires without payment, law enforcement proceeds with the physical eviction.

Rent Control

Government regulations that limit how much a landlord can increase rent, typically by capping annual increases to a set percentage. Rent control exists in only a handful of states and specific cities (California, New York, Oregon, New Jersey, Washington DC, and a few others). In rent-controlled areas, eviction rules are often stricter, requiring “just cause” and limiting no-fault evictions.

Rent Escrow

A legal mechanism in some states allowing tenants to pay rent into a court-held account instead of to the landlord when there are unresolved habitability issues. The money is held until the landlord makes necessary repairs, at which point it’s released. Rent escrow protects tenants from eviction for nonpayment while ensuring the landlord eventually receives the rent once obligations are met.

Rent Stabilization

A form of rent regulation (similar to but distinct from rent control) that limits annual rent increases to a percentage set by a government board. Rent-stabilized units typically have more flexibility than strict rent control but still restrict how much landlords can raise rent between tenancies. Most common in New York City, where over one million apartments are rent-stabilized.

Retaliatory Eviction

An eviction filed as retaliation against a tenant for exercising a legal right — such as reporting code violations, requesting repairs, organizing tenants, or filing a complaint with a housing authority. Most states prohibit retaliatory evictions, and many create a presumption of retaliation if the eviction is filed within a certain window (typically 6–12 months) after the tenant’s protected activity. If proven, the eviction will be dismissed.

Right to Cure

The tenant’s legal right to fix a lease violation or pay overdue rent within a specified timeframe to stop the eviction process. The cure period is set by state law and varies from 3 to 30 days depending on the state and type of violation. Some states eliminate the right to cure for repeat offenders or for serious violations like criminal activity.

Security Deposit

Money collected by the landlord at the start of a tenancy as protection against unpaid rent or property damage. State laws regulate the maximum amount (typically 1–3 months’ rent), where it must be held, whether interest must be paid, and the deadline for returning it after move-out (14–60 days). Failing to properly handle security deposits can result in penalties and weaken the landlord’s position in eviction cases.

Self-Help Eviction

Any attempt by a landlord to force a tenant out without going through the legal eviction process — such as changing the locks, removing doors, shutting off utilities, or physically removing belongings. Self-help evictions are illegal in all 50 states and Washington DC. Landlords who engage in self-help evictions can face fines, damages, and even criminal charges. The only legal way to remove a tenant is through the court system.

Service by Posting

Also: Nail and Mail, Tack and Mail

A method of serving legal documents by physically attaching them to the tenant’s door (posting) and usually also mailing a copy. This is typically allowed only after personal service has been attempted and failed. The combination of posting and mailing provides reasonable assurance that the tenant will receive the documents. Most states require documentation of the failed personal service attempts before allowing posting.

Service by Publication

Publishing a legal notice in a newspaper when the tenant cannot be located for personal service. This is the method of last resort and is only allowed after all other service methods have been exhausted. Service by publication adds significant time and cost to the eviction process and is rarely needed in standard landlord-tenant cases.

Sheriff

The county’s chief law enforcement officer, responsible for serving court papers and executing writs of possession in most states. The sheriff’s office typically handles the physical eviction — arriving at the property, supervising the removal of the tenant and their belongings, and securing the unit. Sheriff’s fees for eviction service and execution vary by county, typically ranging from $25 to $150 per action.

Stay of Execution

A court order temporarily halting the execution of a writ of possession, usually granted during an appeal or when the tenant demonstrates hardship. During a stay, the physical eviction is paused but the judgment remains in place. Some states grant automatic stays when a tenant appeals; others require the tenant to post a bond covering rent during the stay period.

Substituted Service

Delivering legal documents to another responsible person at the tenant’s residence (such as a family member, roommate, or other adult occupant) when the tenant themselves cannot be reached for personal service. Most states require the substitute to be of suitable age and discretion, and a copy is usually also mailed to the tenant as backup.

Summary Ejectment

The legal term for the fast-track eviction process in states like North Carolina. “Summary” means it follows a shortened, simplified court procedure designed to resolve possession disputes quickly. The process typically involves filing a complaint, having the clerk issue a summons, and appearing before a magistrate within 7–10 days.

Summary Process

The legal term for the eviction lawsuit in Massachusetts and a few other states. Like “summary ejectment” and “unlawful detainer,” this is simply the state-specific name for the expedited court process used to resolve landlord-tenant possession disputes. Despite the name suggesting speed, Massachusetts summary process cases can take 2–4 months due to notice requirements and court scheduling.

Summons

A court-issued document notifying the tenant that an eviction lawsuit has been filed against them, stating when and where they must appear in court. The summons is served along with the complaint (the landlord’s written statement of the case). Proper service of the summons is essential — if the tenant isn’t properly served, the case can be dismissed.

Supersedeas Bond

A bond posted by a tenant to stay (pause) the execution of an eviction judgment while an appeal is pending. The bond amount is typically set by the court and covers the rent that will accrue during the appeal period. If the tenant wins the appeal, the bond is returned. If the landlord wins, the bond is applied to amounts owed. Not all states require a supersedeas bond for eviction appeals.

Unlawful Detainer

The legal name for the eviction lawsuit in many western states, including California, Arizona, Nevada, and Utah. “Unlawful detainer” means the tenant is unlawfully “detaining” (holding onto) the property after their right to possess it has ended. This is one of the most common names for eviction proceedings and appears on court filings, judgments, and legal forms in these states.

Writ of Execution

A general court order directing law enforcement to carry out a judgment. In eviction cases, a writ of execution authorizes the sheriff or marshal to physically remove the tenant from the premises. Some states use “writ of execution” as a catch-all term that includes writs of possession and writs of restitution.

Writ of Possession

A court order issued after an eviction judgment directing law enforcement to remove the tenant and restore possession of the property to the landlord. This is the document that authorizes the physical eviction. The landlord typically requests the writ after the judgment is entered and any appeal window has passed. Law enforcement then schedules the eviction, usually giving the tenant 24–72 hours final notice before executing the writ.

Writ of Restitution

Functionally identical to a writ of possession — it’s simply the name used in certain states (like Washington, Kansas, and a few others) for the court order that directs law enforcement to remove the tenant and return the property to the landlord. If you see “writ of restitution” in your state’s eviction process, it means the same thing as “writ of possession.”