LawyerLandLegal Glossary

Eviction (Unlawful Detainer)

The court process a landlord must use to make a tenant leave - and in most states, the only lawful way to do it.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

Eviction is a lawsuit. That single fact is the one most often misunderstood, and it cuts in the tenant's favour: in most states a landlord cannot lawfully remove a tenant by changing the locks, removing doors, putting belongings on the street, or shutting off heat, water or power. Those are "self-help" evictions and they are prohibited in most states, sometimes with penalties payable to the tenant. The lawful route runs through a court, and the case usually has a name like unlawful detainer, forcible entry and detainer, or summary process.

The process generally runs in three stages: a written notice with a stated reason and a period to fix the problem or leave; a court case filed if the tenant does not; and, only if the landlord wins, a court order carried out by a sheriff or marshal. A judgment for the landlord is not itself the removal - the removal is a separate step by a law enforcement officer.

These cases move much faster than ordinary civil litigation, which is the practical difficulty. They are designed for speed, hearings can come within days or weeks rather than months, and a tenant who does not appear will usually lose automatically. Defences that do exist - improper notice, a landlord's failure to maintain the property, retaliation, discrimination, payment already made - generally have to be raised at that hearing rather than afterwards.

Where this comes from

Eviction is state law and there is no federal statute that defines the process; the notice required, the grounds, the speed of the hearing and the tenant's defences are all set state by state and often by city ordinance as well. Two federal provisions sit on top of it in specific situations: the Protecting Tenants at Foreclosure Act (12 U.S.C. § 5220 note) gives a bona fide tenant notice rights when the property is foreclosed on, and the Fair Housing Act, 42 U.S.C. § 3604, applies where the eviction is based on a protected characteristic. Any deadline in an eviction case is set by state statute or court rule, and this page does not state one.

When people hire a lawyer for this

Speed is the reason to get help immediately rather than after the hearing. An eviction judgment is not only the loss of the home: it commonly appears in tenant screening reports and can make the next tenancy much harder to obtain, which is a consequence that outlasts the case by years. This is also the single most common civil legal aid matter in the country, so a tenant who cannot afford a lawyer is in exactly the situation the legal aid programmes were built for - and the outcome for represented tenants differs enough from unrepresented ones that it is worth one phone call before the hearing date.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.
If you cannot afford a lawyer, civil legal aid programmes provide free help with many of these problems: civil legal aid programmes by state.