How to Evict a Tenant Legally (Landlord Survival Guide)

Your tenant stopped paying rent. You are angry. You want to change the locks and throw their stuff on the lawn. STOP. If you do that, you will go to jail. Here is the only legal way to get your property back.

BMT Legal Research Team BMT Legal Research Team · 📅 Jan 2026 · ⏱️ 6 min read · LEGAL › REAL ESTATE
Time
1-3 Mo
It’s SlowFact
Cost
$500+
Court FeesPrep
Self-Help
Illegal
Do Not Lock OutWarning

The Eviction Timeline

Eviction is not an event; it is a process. It takes time. Be patient.

Step Action Duration
1. The Notice “Pay or Quit” 3-30 Days
2. The Filing Court Complaint 1 Day
3. The Court Hearing / Judgment 2-8 Weeks
4. The Lockout Sheriff Only Final Step
What is “Self-Help”?
Illegal. Taking matters into your own hands (changing locks, cutting power) is called “Self-Help Eviction.” If you do this, the judge will fine YOU, even if the tenant hasn’t paid rent in months.
Likely Outcome
Tenant Leaves Voluntarily 60%
After getting the Notice.
Goes to Court 30%
If they fight back.
Sheriff Eviction 10%
Forceful removal.
MethodCost
Lawyer$1,500+
Cash for Keys~$500

Step 1: The “Notice to Quit”

You cannot just sue them immediately. You must give them a warning first. The type of warning depends on the problem.

1. Pay or Quit Notice (3-Day)

Use this when they haven’t paid rent. It says: “Pay the rent in full within 3 days OR get out.”

2. Cure or Quit Notice

Use this when they break a rule (e.g., getting a dog when pets aren’t allowed). It says: “Get rid of the dog OR get out.”

3. Unconditional Quit Notice

Use this for serious violations (drug dealing, destroying property). It says: “Get out now. No second chances.”

Pro Tip: “Cash for Keys”

Going to court takes months and costs thousands. Sometimes, the smart business move is to swallow your pride.

The Offer

Tell the tenant: “Look, eviction ruins your credit score. If you move out by this Friday and leave the place clean, I will give you $500 cash and not file the eviction.”
Why it works: They need money for a new place. You get your house back instantly. Everyone wins.

Frequently Asked Questions

Can I keep the Security Deposit?
Yes. You can deduct unpaid rent and damages from the deposit. But you must send them an itemized receipt within the legal limit (usually 21 days) or they can sue you.
What if they leave personal stuff behind?
Do not throw it away! Most states require you to store it for a set period (e.g., 15-30 days) and notify them. Only after that can you sell or trash it.