Property management & leasing
Eviction: Definition & Example
What Is an Eviction?
An eviction is the legal process a landlord uses to remove a tenant from a rental property, usually for unpaid rent, a lease violation, or the end of a tenancy.
What does eviction mean?
An eviction generally follows several steps: the landlord serves a required notice, files a lawsuit (often called an unlawful detainer or summary possession case), attends a hearing, and, if the court rules for the landlord, obtains a judgment. Only a sheriff or court officer can then physically remove the tenant.
Eviction laws vary by state and city. Some places require just cause to end a tenancy, mandate mediation, or give tenants a right to cure by paying what is owed. Many courts also offer rental assistance or diversion programs.
Eviction filings and judgments can appear in tenant screening reports, which is why landlords ask about them. Under the Fair Credit Reporting Act, a screening company generally cannot report most eviction records that are more than seven years old.
Eviction example
A tenant stops paying rent for two months. The landlord serves a pay-or-quit notice, files an eviction case when the notice expires, and wins a judgment at the hearing. The court issues an order of possession, and the tenant moves out before the sheriff’s scheduled lockout date.
Related terms
- Notice to QuitA notice to quit is a written notice from a landlord telling a tenant to leave the property, or to fix a lease violation or pay overdue rent, by a certain date. It is usually the first formal step toward eviction.
- Rental HistoryRental history is a record of where an applicant has rented in the past, including how long they stayed, whether they paid on time, and how they left each property.
- Tenant Screening ReportA tenant screening report is a consumer report a landlord orders from a screening company, usually combining credit, eviction, and criminal record information about a rental applicant.
- Late FeeA late fee is a charge added when rent or another payment is not received by the due date or the end of any grace period stated in the lease.
- Rental LedgerA rental ledger is a running record of every charge and payment on a tenant’s account, including rent, fees, credits, and the resulting balance.
Eviction FAQ
- How long does an eviction take?
- Anywhere from a few weeks to several months, depending on the state, the court’s backlog, and whether the tenant contests the case.
- Does an eviction show up on a background check?
- Eviction filings and judgments can appear on tenant screening reports. Consumer reporting agencies generally cannot report most such records older than seven years.
