Legal Insights
November 4, 2025

How to Legally Evict a Tenant

A practical guide for landlords managing problem tenants.

Evicting a tenant is never easy. Whether you're dealing with unpaid rent, property damage, or repeated lease violations, the process can feel overwhelming. But if you’re a landlord wondering how to evict a tenant, the most important thing to remember is this: follow the law, not your frustration.

Landlord-tenant laws are designed to protect both parties. Skipping steps or acting emotionally can lead to costly legal problems, delays, and even tenant lawsuits. That’s why a legal, methodical approach is critical—not just for your finances, but for your reputation.

At Advanced Collection Bureau (ACB), we help landlords and property managers navigate the eviction process the right way. Here’s your step-by-step guide to evicting a tenant legally, efficiently, and with confidence.

Step 1: Identify the Legal Grounds for Eviction

Before you take action, make sure you have a legal reason. Valid grounds typically include:

  • Non-payment of rent
  • Lease violations (unauthorized occupants, smoking, pets)
  • Property damage
  • Illegal activity
  • Expiration of lease without renewal

Each of these requires a different type of notice and timeline, so your reason will dictate your next steps.

For specialized scenarios—like dealing with senior tenants or subsidized housing—review Legal Considerations When Collecting Debts in Senior Housing for compliance tips.

Step 2: Serve the Proper Notice

Every legal eviction starts with written notice. This document must be clear, delivered legally, and specify why the tenant is being asked to leave.

For example:

  • A Pay or Quit Notice gives the tenant a short window (usually 3–14 days) to pay rent or leave.
  • A Cure or Quit Notice demands the tenant fix a violation, like removing an unauthorized pet.
  • A Notice to Terminate Tenancy ends the lease when there is no wrongdoing but the landlord chooses not to renew.

If you need help drafting or serving the notice, check out How to Serve an Eviction Notice Properly.

Step 3: File for Eviction in Court

If the tenant ignores the notice, the next step is filing an eviction lawsuit, also called an unlawful detainer. You’ll need to submit:

  • A copy of the lease
  • The eviction notice and proof of delivery
  • A summary of the problem (non-payment, lease breach, etc.)

After filing, the court will schedule a hearing. It’s essential that you appear with documentation, calm professionalism, and a clear explanation of events. Judges appreciate landlords who act responsibly and respectfully.

Compare this step with procedures in states like New York by reviewing How to Evict a Tenant in New York: A Legal Guide.

Step 4: Attend the Hearing

The tenant will be notified of the court date and has a right to show up. If the court rules in your favor, they’ll issue a writ of possession, which gives law enforcement the authority to remove the tenant.

Important: You cannot change the locks, remove belongings, or shut off utilities yourself. Self-help evictions are illegal in every state and can lead to serious fines or lawsuits.

Step 5: Coordinate the Move-Out

If the tenant refuses to leave after the writ of possession is issued, the sheriff or constable will handle the physical removal. You’ll be notified of the exact date so you can secure the property and begin cleanup or repairs.

At this point, many landlords wonder: "What about the unpaid rent?" This is where working with a trusted collection agency comes in.

Step 6: Recover the Money You’re Owed

Eviction removes the tenant, but doesn’t resolve past-due rent or damages. Instead of writing off the loss, partner with a collection agency like ACB. We specialize in recovering unpaid rent and lease break penalties, even after eviction.

We use advanced skip tracing, twice-monthly credit reporting, and respectful communication to maximize recovery. Learn more in Rent Recovery: How Landlords Can Collect Unpaid Rent.

Tips for a Smoother Eviction Process

  • Document everything: Photos, emails, payment records—have it all ready.
  • Stay calm and professional: Avoid heated exchanges that can backfire in court.
  • Follow timelines exactly: Missing a deadline can force you to restart the process.
  • Know your local laws: State and city rules vary, especially for rent-controlled units.

Why ACB Is a Landlord’s Best Ally

We understand how stressful evictions can be. That’s why ACB doesn’t just help you recover what’s owed—we guide you through the legal process with transparency and professionalism. From serving notices to collecting unpaid balances, we’re your partner in rental property success.

Need help protecting your reputation and your income? Explore our blog on Maintaining Positive Tenant Relationships During the Debt Collection Process to keep things professional from start to finish.

Recover More.
Stress Less.

Unpaid debts should not slow down your business.

We specialize in professional and compliant debt recovery, helping you maximize recoveries while maintaining strong customer relationships.

Our risk-free, results-driven approach ensures you only pay when we collect.

Get in Touch

Evicting a tenant is never easy. Whether you're dealing with unpaid rent, property damage, or repeated lease violations, the process can feel overwhelming. But if you’re a landlord wondering how to evict a tenant, the most important thing to remember is this: follow the law, not your frustration.

Landlord-tenant laws are designed to protect both parties. Skipping steps or acting emotionally can lead to costly legal problems, delays, and even tenant lawsuits. That’s why a legal, methodical approach is critical—not just for your finances, but for your reputation.

At Advanced Collection Bureau (ACB), we help landlords and property managers navigate the eviction process the right way. Here’s your step-by-step guide to evicting a tenant legally, efficiently, and with confidence.

Step 1: Identify the Legal Grounds for Eviction

Before you take action, make sure you have a legal reason. Valid grounds typically include:

  • Non-payment of rent
  • Lease violations (unauthorized occupants, smoking, pets)
  • Property damage
  • Illegal activity
  • Expiration of lease without renewal

Each of these requires a different type of notice and timeline, so your reason will dictate your next steps.

For specialized scenarios—like dealing with senior tenants or subsidized housing—review Legal Considerations When Collecting Debts in Senior Housing for compliance tips.

Step 2: Serve the Proper Notice

Every legal eviction starts with written notice. This document must be clear, delivered legally, and specify why the tenant is being asked to leave.

For example:

  • A Pay or Quit Notice gives the tenant a short window (usually 3–14 days) to pay rent or leave.
  • A Cure or Quit Notice demands the tenant fix a violation, like removing an unauthorized pet.
  • A Notice to Terminate Tenancy ends the lease when there is no wrongdoing but the landlord chooses not to renew.

If you need help drafting or serving the notice, check out How to Serve an Eviction Notice Properly.

Step 3: File for Eviction in Court

If the tenant ignores the notice, the next step is filing an eviction lawsuit, also called an unlawful detainer. You’ll need to submit:

  • A copy of the lease
  • The eviction notice and proof of delivery
  • A summary of the problem (non-payment, lease breach, etc.)

After filing, the court will schedule a hearing. It’s essential that you appear with documentation, calm professionalism, and a clear explanation of events. Judges appreciate landlords who act responsibly and respectfully.

Compare this step with procedures in states like New York by reviewing How to Evict a Tenant in New York: A Legal Guide.

Step 4: Attend the Hearing

The tenant will be notified of the court date and has a right to show up. If the court rules in your favor, they’ll issue a writ of possession, which gives law enforcement the authority to remove the tenant.

Important: You cannot change the locks, remove belongings, or shut off utilities yourself. Self-help evictions are illegal in every state and can lead to serious fines or lawsuits.

Step 5: Coordinate the Move-Out

If the tenant refuses to leave after the writ of possession is issued, the sheriff or constable will handle the physical removal. You’ll be notified of the exact date so you can secure the property and begin cleanup or repairs.

At this point, many landlords wonder: "What about the unpaid rent?" This is where working with a trusted collection agency comes in.

Step 6: Recover the Money You’re Owed

Eviction removes the tenant, but doesn’t resolve past-due rent or damages. Instead of writing off the loss, partner with a collection agency like ACB. We specialize in recovering unpaid rent and lease break penalties, even after eviction.

We use advanced skip tracing, twice-monthly credit reporting, and respectful communication to maximize recovery. Learn more in Rent Recovery: How Landlords Can Collect Unpaid Rent.

Tips for a Smoother Eviction Process

  • Document everything: Photos, emails, payment records—have it all ready.
  • Stay calm and professional: Avoid heated exchanges that can backfire in court.
  • Follow timelines exactly: Missing a deadline can force you to restart the process.
  • Know your local laws: State and city rules vary, especially for rent-controlled units.

Why ACB Is a Landlord’s Best Ally

We understand how stressful evictions can be. That’s why ACB doesn’t just help you recover what’s owed—we guide you through the legal process with transparency and professionalism. From serving notices to collecting unpaid balances, we’re your partner in rental property success.

Need help protecting your reputation and your income? Explore our blog on Maintaining Positive Tenant Relationships During the Debt Collection Process to keep things professional from start to finish.

Recover More.
Stress Less.

Unpaid debts should not slow down your business.

We specialize in professional and compliant debt recovery, helping you maximize recoveries while maintaining strong customer relationships.

Our risk-free, results-driven approach ensures you only pay when we collect.

Get in Touch

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We report to credit bureaus twice as often as most agencies, ensuring faster recoveries. Plus, we never charge interest on debts - just simple, transparent collections.

Our contingency-based model means you do not pay unless we collect.

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We believe in complete transparency. That’s why we report to credit bureaus twice as often as most agencies, never charge interest on debts, and keep our contingency fee model simple -
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