How do I evict someone from my house legally?

Evicting someone from your house, whether they are a tenant, a family member, or a friend who overstayed their welcome, can be stressful. In the case of a tenant, it can be a legally complex process. But, how do I evict someone from my house?

This guide will walk you through steps on how to evict a tenant legally, including serving an eviction notice, filing the necessary paperwork, and working with law enforcement if needed. 

Remember, knowing the proper eviction process can help you navigate this situation smoothly and avoid unnecessary legal troubles down the road. 

What are the legal grounds for eviction?

Before taking any action, you must have a valid legal reason for eviction. Always check your state’s laws, as eviction rules vary significantly. Some common grounds include:

• Nonpayment of rent – If the tenant fails to pay rent on time, most states allow landlords or property owners to issue a pay or quit notice, giving them a short period (often 3-5 business days) to pay or vacate.
• Lease violations – If the tenant breaches the lease agreement (e.g., unauthorized pets, property damage, or excessive noise), you may serve a cure or quit notice, giving them time to fix the issue.
• Illegal activity – If the tenant is conducting illegal activity (drug sales, violence, etc.), some states permit immediate eviction with a 24-hour notice.
• Holdover tenancy – If the lease has expired and the tenant refuses to leave, you may need to provide a 30-day notice (or 60 days’ notice in some states) before filing for eviction.

How do I evict someone from my house?

Evicting a tenant is never an easy process. But by following the correct procedures, you can legally reclaim your property.

Step 1: Review your lease agreement

If the person you’re trying to evict is a tenant in a rental property, the first thing to check is the lease agreement. This document will outline the terms and conditions regarding the payment of rent, behavior expectations, and conditions for eviction. If the tenant fails to comply with the lease agreement, you have grounds for eviction.

Read more: What is a leaseback in real estate

Step 2: Provide a written eviction notice

The eviction process begins with serving the tenant with a written notice. Need help drafting an eviction notice? Many state court websites provide free templates. 

The notice can be served in any of the following ways:

• Hand delivery (best with a witness)
• Certified mail (with return receipt)
• Posting on the door (if allowed by state law). You need to keep proof of delivery (you may need it in court).

The type of notice you draft depends on the reason for the eviction.

Pay or quit notice

This type of notice is used when the tenant fails to pay rent. Typically it gives 3-14 business days to pay or move out. It must include:

• The amount of rent owed
• Deadline for payment
• Consequences of nonpayment

Cure or quit notice

This is used for lease violations (unauthorized occupants, property damage, etc.). It gives the tenant a set time (often 10-30 days) to correct the issue. If they don’t comply, eviction proceedings can begin.

Unconditional quit notice

This notice is used in severe cases (e.g., illegal activity, repeated lease violations). It orders the tenant to leave without a chance to fix the problem. Some states allow 24-hour evictions for criminal activity.

Step 3: File an eviction lawsuit (unlawful detainer)

If the tenant ignores the notice, the next step is filing an eviction lawsuit (called an “unlawful detainer” in most states). 

Here’s how it works:

Submit the complaint

File paperwork at your local courthouse, including:

• Copy of the lease agreement
• Proof of the eviction notice
• Evidence of the violation (e.g., unpaid rent records)

Pay filing fees

Costs vary by state (typically it’s $100−$500).

Serve the tenant

A sheriff or process server must deliver court papers to the tenant.

The tenant then has a few business days to respond. If they don’t, you can request a default judgment.

Step 4: Attend the eviction hearing

If the tenant disputes the eviction, a judge will hold a hearing. Be prepared with:

• The original lease agreement
• Copies of all written notices
• Rent payment records
• Photos/videos of property damage (if applicable)

If the judge makes a decision in your favor, they will issue a Writ of Possession. This is the final court order allowing law enforcement (usually the sheriff) to remove the squatter. The tenant typically gets 24 hours to 5 days to leave voluntarily before forced removal.

Step 5: Law enforcement removal

If the tenant still refuses to leave, the sheriff will post a final notice (usually a 24-hour warning). On the scheduled day, officers will supervise the tenant’s removal. Keep in mind that landlords cannot physically remove tenants—only law enforcement can do this legally.

How to avoid common eviction mistakes?

• Self-help evictions are illegal – Changing locks, shutting off utilities, or threatening tenants can lead to lawsuits.
• Not following proper notice periods – Skipping the 30-day notice (or 60-day notice for long-term tenants) can get your case dismissed.
• Poor documentation – Always keep records of rent payments, notices, and communications.

Read more: Constructive eviction

When should you seek legal advice?

Eviction laws are complex, and mistakes can delay the process. Consult a lawyer if:

• The tenant files a counter-lawsuit
• You’re unsure about state-specific notice requirements
• The tenant claims discrimination or retaliation

How do I evict someone from my house: Final thoughts

Evicting someone from your rental property requires patience and strict adherence to the law. And the good news is that you can regain possession of your property legally. By understanding the above steps, you can navigate the eviction process efficiently while protecting your rights as a landlord.

Written by Ramona Sinha. April 6, 2025

Ramona is the Senior Content Writer for Kukun. This experienced blogger uses simple and succinct words to decipher the complex phenomenon called life. She has written articles covering a broad range of topics, such as real estate, lending and mortgage, finance, business, taxation, home designs, home improvement projects, decor concepts, and more. An avid traveler, she’s a digital nomad at heart and an animal lover from the depth of her soul.