ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Landlords

What does the landlord need to do to evict the tenant?

If the tenant will not voluntarily leave the property, the landlord must take three steps in order to successfully evict the tenant.

First, the landlord must serve the tenant a piece of paper called a termination of tenancy notice. This notice must be properly filled out and properly served upon the tenant. Each state has different but quite specific procedures to follow. Although the landlord may sue the tenant without a lawyer, a lawyer will probably protect the landlord from making the kind of legal errors that result in the eviction lawsuit being dismissed by the court.

Second, the landlord must file a complaint with the local court and have a summons served upon the tenant by a process server. The landlord may have to pay a filing fee. Service of the summons must comply with strict legal procedures or the court will not have jurisdiction to hear the case. If the process server cannot obtain service on the tenant, there is probably a procedure for an alternative method of service. Once again, hiring a lawyer will help the landlord work through the legal procedures.

Third, the landlord must win the trial. Each state has different but specific rules about the conduct of trials. Trials for eviction often have different rules from the trial of other kinds of cases. For example, some states allow the tenant to file for a jury trial. To conduct a jury trial without a lawyer is nearly impossible.