Evicting a tenant is the part of rental ownership nobody budgets for, and it is where small landlords lose the most money by moving too fast or too slow. The good news is that every state follows the same basic sequence. The details (notice length, which court, who serves the papers, how long the tenant has to answer) change from state to state, and the fees change from county to county. This guide walks through the sequence in plain English and points you to the state-by-state rules and verified county fees on this site.
This is general information, not legal advice. Eviction law changes often, and a single defect in a notice can force you to start over. When in doubt, talk to a local landlord-tenant attorney.
Step 1: Decide whether you actually need to evict
Before you serve anything, write down what you want: the rent paid, or the unit back. Those are different goals. If the tenant has a temporary problem and a realistic plan to catch up, a written payment agreement can cost far less than a court case, a vacancy and turnover repairs. If the relationship is over, or the tenant has stopped communicating, move to the formal process promptly. Every week you wait is a week of rent you will probably never collect.
Keep a clean paper trail from the start: the signed lease, a rent ledger that shows every charge and payment, copies of texts and emails, and photos of the unit. Judges in high-volume eviction courts move quickly, and the landlord with an organized file is the one who leaves with a judgment the first time.
Step 2: Serve the correct written notice
Almost every eviction begins with a written notice, and this is the step where most landlord cases fail. The notice must be the right type, give the right number of days, and be delivered the way your state requires.
- Texas: a notice to vacate (or, for a first rent delinquency, a notice to pay or vacate) with a default period of 3 days unless the lease says otherwise, under Property Code Chapter 24 as amended by SB 38 for cases filed on or after January 1, 2026. See Texas eviction rules.
- Florida: a 3-day notice to pay or vacate for unpaid rent, counting business days only (weekends and legal holidays are excluded), or a 7-day notice for other violations. See Florida.
- Georgia: for unpaid rent on leases signed or renewed on or after July 1, 2024, a notice to pay or vacate with at least 3 business days to cure, posted on the door in a sealed envelope. See Georgia.
- Ohio: a 3-day notice to leave the premises containing the statutory warning language. See Ohio.
- North Carolina: a demand for past-due rent; the lease is forfeited if the tenant does not pay within 10 days. See North Carolina.
- Arizona: a 5-day notice for unpaid rent, or 10 days for material noncompliance. See Arizona.
- Tennessee: a 14-day notice for unpaid rent in counties covered by the Uniform Residential Landlord and Tenant Act. See Tennessee.
- Indiana: at least 10 days' notice for unpaid rent. See Indiana.
- Missouri: rent must be demanded, but there is no statutory pay-or-quit period for a rent-and-possession case. See Missouri.
- Pennsylvania: 10 days for nonpayment, and 15 or 30 days for other reasons depending on lease length, unless the lease validly waives notice. See Pennsylvania.
Common notice mistakes include demanding late fees or utilities that the lease or statute does not allow in the notice, miscounting days (calendar versus business days), delivering by a method the statute does not allow, and accepting a partial payment after the notice that a court later treats as a waiver. Keep a copy of the notice and write down exactly how and when you delivered it. You will need that proof at the hearing.
Step 3: File in the right court
When the notice period ends without payment or move-out, you file a lawsuit for possession. The name and the court change by state: a forcible detainer in a Texas justice court, a dispossessory affidavit in a Georgia magistrate court, a forcible entry and detainer in an Ohio municipal court, summary ejectment in North Carolina small claims court, a special detainer in an Arizona justice court, a detainer warrant in a Tennessee General Sessions court, a rent-and-possession case before a Missouri associate circuit judge, or a landlord-tenant complaint before a Pennsylvania magisterial district judge.
You will pay a filing fee and a service fee for each tenant. Some are statewide: every Texas justice court charges a $54 filing fee, North Carolina magistrate court costs are $96 plus $30 sheriff service, and Florida county courts charge a $185 eviction filing fee plus $40 per sheriff service of the summons. Others are set county by county, which is why we publish verified county pages with the exact amounts and a link to the court's own fee schedule.
Name every adult occupant who signed the lease. Missing a tenant can mean that person is not bound by the judgment, which can stall the lockout.
Step 4: Service and the tenant's chance to respond
The court issues a summons or citation, and a sheriff, constable, marshal or process server delivers it. The tenant then has a short window to respond. In Florida it is 5 days (weekends and holidays excluded). In Georgia the tenant has 7 days to answer the dispossessory affidavit. In Texas the trial itself is set 10 to 21 days after filing, and in Arizona the tenant must appear within 3 to 6 days of the summons.
Do not change the locks, shut off utilities, or remove the tenant's belongings while the case is pending. "Self-help" eviction is illegal in every state covered here and can expose you to damages that exceed the rent you were trying to collect.
Step 5: The hearing
Bring three copies of everything: the lease, the notice and your proof of delivery, the rent ledger, and any written communication about the default. Be on time; many courts call eviction dockets in the first few minutes. Keep your testimony short and factual. If the tenant raises a defense such as repairs, retaliation, or a defective notice, answer it calmly with your documents.
If the tenant does not appear, most courts will enter a default judgment, but you still need to prove your case with the paperwork.
Step 6: Judgment, appeal window and the writ
Winning the hearing does not give you the keys. Most states build in an appeal window first: 5 days in Texas, 10 days in North Carolina and in Tennessee. After that, you ask the clerk for the order that authorizes the officer to restore possession. It goes by different names: a writ of possession (Texas, Florida, Georgia, North Carolina), a writ of restitution (Arizona, Ohio), or an order for possession (Pennsylvania).
The writ is another fee, and it varies a lot. In our verified counties it ranges from $25 to serve a writ in Gwinnett County, Georgia to $405 for a writ of possession in Dallas County, Texas. Officers usually post a final notice (24 hours in Texas and Florida) before the move-out.
Step 7: After possession
Document the condition of the unit with dated photos the day you get it back. Follow your state's rules for handling any property left behind and for returning or accounting for the security deposit. A money judgment for unpaid rent is a separate collection project; many landlords hand it to a collection agency or attorney rather than chase it themselves.
How long does it take, and what does it cost?
The statutory minimums can be short. In Arizona, a 5-day notice, a trial 3 to 6 days after the summons, and a writ 5 days after judgment can add up to a little over two weeks. In Texas, a 3-day notice, a trial 10 to 21 days after filing, and a writ no sooner than the 6th day after judgment means about three weeks at the very fastest. Real cases take longer because of court calendars, service problems, holidays and appeals.
Court costs for a single-tenant case in our verified counties typically run from about $85 (filing plus service in Gwinnett County, Georgia) to a few hundred dollars once the writ is added. Add attorney fees if you hire counsel, plus the lost rent and turnover costs, which are almost always the biggest numbers. Use the Deal Analyzer to stress-test a property for one bad tenant a year; a deal that cannot survive that is too thin.
Reduce the odds you will need this guide again
- Screen consistently with written criteria that comply with fair housing law.
- Use a lease that matches your state's statute and clearly states rent, due date, grace period and allowed fees.
- Keep a rent ledger from day one.
- Respond to repair requests in writing and on time; it removes the most common tenant defense.
- Act on the first missed payment with a friendly reminder and, if needed, the correct notice. Waiting does not help anyone.
For local help, see our landlord services directory with official license and attorney lookups in each state.