Eviction is a legal process a property owner can use to regain control from a tenant. In the United States , eviction is governed by state law, so the process and legal requirements vary widely between states.
In some places, removal can be accomplished in mere days, while in other states, it may take multiple court trips over many months.
If you’re planning to evict a tenant, make sure you check your state’s eviction laws before taking any action.
What is the Eviction Process?
Typically, the process begins with a notice of violation, continues in court, and ends with a tenant’s forced removal. State laws establish the process that eviction proceedings must follow.
In most jurisdictions, the eviction process is intended to prevent tenants from losing their homes before the court can sort out if there was a breach in the lease between landlord and tenant.
Reasons for Eviction
Eviction is the result of a tenant materially breaching their lease contract with their landlord. A breach can occur for a variety of reasons, including:
- Non-payment of rent
- Violations of the lease agreement
- Holdover tenancy, when a tenant maintains possession after the end of a lease
- Damage to the property caused by the tenant
- Criminal activity
- Health code violations
State law dictates the reasons a landlord can legally evict a tenant. It will also dictate how much notice must first be given.
Sometimes, the particular reason for eviction can be significant. For example, some states allow tenants to avoid being evicted by paying late rent within a specific time frame.
Based on how severe the violation was and what state the property is located in, you may need to give more or fewer days' notice.
. Always remember to handle a situation like this by following your state’s legal eviction process.
Read More: Pros and Cons of Good Cause Eviction
How Does an Eviction Process Work?
Once a landlord has determined that the lease was breached, they can begin the eviction process to retake possession of their property. Generally, the process follows the following five steps:
Step 1: Give the Eviction Notice to the Tenant:
Before a landlord can remove a tenant and their possessions, they must notify the tenant they plan to bring an eviction action in court by providing them with a legal document.
The eviction notice must comply with the local law and specify the amount of time the tenant has to fix the breach (if required) or vacate the premises.
The three most common notices are:
Pay or Quit Notice
In states where landlords must give the tenant the chance to remedy the situation, this notice allows them to remain if they can pay enough rent, typically within 3 to 5 days.
Comply or Quit Notice
For evictions stemming from violations of lease rules, such as keeping unauthorized pets, this notice gives the tenant some amount of time to “cure” the breach and remain in the property.
Unconditional Notice to Quit
This notice requires the tenant to leave after a certain number of days. An unconditional notice can only be used in most states after extreme or repeated lease violations, such as seriously damaging the property or using the property for criminal purposes.
If the tenant has not left the premises after the number of days stated in the notice passes, a landlord must proceed to court to receive a formal eviction.
Step 2: Fill Out the Eviction Form
As a landlord, you will be the plaintiff filing a complaint in any eviction lawsuit. You will sue the tenant as a defendant, essentially accusing them of illegally occupying your property.
This may be referred to as an “unlawful detainer” action or a “forcible entry and detainer” suit in some jurisdictions.
Most large jurisdictions have separate legal dockets for these types of actions. Ensure you file the correct lawsuit in the property’s county, and list the proper plaintiff.
For example, if you own property through a corporation or an LLC, the company will be the plaintiff, rather than the landlord in an individual capacity. You can quickly and easily fill out the paperwork you need using our Eviction Notice Form.
Create your Eviction Notice Now
Step 3: Serve Papers to the Tenant
After filing a lawsuit, you must provide the tenant with proper notice of the eviction proceeding. This notice comes from legally “serving” the defendant with a copy of the lawsuit. You’ll also need to provide proof of service to the court.
Step 4: Eviction Trial
The tenant may have an opportunity after receiving service to submit a written answer to your complaint. In some states, tenants can forfeit the right to a trial by not filing an answer or not attending court.
In these cases, the landlord is awarded a default judgment.
Most states provide for eviction actions to be fast-tracked to trial. If the court date arrives and the tenant is still living on the property, you will have a trial.
At the trial, the landlord must prove that the tenant materially breached their lease and has received proper notice. In addition to an order to vacate or writ of possession, a winning landlord can receive damages and attorney’s fees in some states.
Step 5: After the Judgment
Typically, the writ for possession allows a couple of days for the tenant to move out on their own. Local law enforcement will carry out the writ for a landlord, forcibly removing the tenant from the premises. Once removed, a landlord will have the ability to change the locks.
When removing any belongings that a tenant left behind, a landlord needs to be aware of local laws.
For example, some states require the property to be stored for a certain amount of time to allow the tenant to recover their personal possessions.
Rules for Landlords in Evictions
Certain parts of the eviction workflow are best left to the courts and law enforcement. Self-help eviction remedies (such as locking the tenant out or turning off utilities) are explicitly outlawed in many states and can lead to landlords owing fines, fees, or damages.
Even where self-help eviction is legal, confrontations with tenants can quickly escalate. Damage to the property or violence is not uncommon in these situations.
These are some landlord don’ts:
- Attempting to remove the tenant from the property by force
- Removing the belongings of your tenants from the property until after a writ of possession is issued
- Changing the locks while the tenant still occupies the dwelling
- Utility shut-offs, such as water, gas, or electric
- Harassing the tenants beyond servicing legal notices
Eviction Notice Requirements by State
Review the table below to know exactly how much notice you must provide and for what type of contract breach.
Understand how much notice must be given to pay or vacate or cure or vacate in your state.
| State | Accepted Delivery Method | Days to Pay or Vacate | Days to Cure or Vacate | Laws |
|---|---|---|---|---|
| Alabama | - Hand delivery
- Posting the notice on the property |
7 days | 14 days | § 35-9A-421(b), § 35-9A-421(a) |
| Alaska | - Hand delivery
- Registered/certified mail |
7 days | 7 days | AS 34.03.220(b), AS 34.03.160 |
| Arizona | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days (week-to-week tenancy)
30 days (month-to-month) |
§ 33-1368(2b), § 33-1368(A) |
| Arkansas | - Hand delivery
- Registered/certified mail |
3 days | 14 days | § 18-60-304(3), § 18-17-901 |
| California | - Hand delivery
- Registered/certified mail |
3 days | 3 days | CCP § 1161(2), CCP §1161(3) |
| Colorado | - Hand delivery
- Posting the notice on the property |
3 days | 3 days | § 13-40-104 |
| Connecticut | - Hand delivery
- Posting the notice on the property |
3 days (non-curable, served 9 days after missed payment) | 3 days (non-curable, served 9 days after missed payment) | § 47a-23 |
| Delaware | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 7 days | Title 25 § 5502, 25 § 5513 |
| District of Columbia | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
30 days | 30 days | DC Law 22-245 |
| Florida | - Hand delivery
- Registered/certified mail - Delivery as specified in the tenant’s lease |
3 days | 7 days | § 83.56(3), § 83.56(1) |
| Georgia | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days (after receiving a Dispossessory procedure summons) | No specified period | § 44-7-50 |
| Hawaii | - Hand delivery
- Posting the notice on the property |
5 days | 10 days | § 521-68, § 521-72 |
| Idaho | - Hand delivery
- Posting the notice in the local newspaper AND mailing a copy by registered/certified mail |
3 days | 3 days | § 6-303(2), § 6-303(3) |
| Illinois | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days | 735 ILCS 5/9-209, 735 ILCS 5/9-210 |
| Indiana | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
10 days | A reasonable period to cure the breach | IC 32-31-1-6 |
| Iowa | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
3 days | 7 days | § 562a.27(2), § 562A.27(1) |
| Kansas | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy by registered/certified mail |
10 days | 14 days | *§ 58-2507, *§ 58-2564(1) |
| Kentucky | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days | 14 days | By county |
| Louisiana | - Hand delivery
- Posting the notice on the property - Registered/certified mail (New Orleans East Bank only) |
5 days | 5 days | CCP 4701 |
| Maine | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days (served 7 days after non-payment) | 7 days | Title 14 § 6002, § 6025 & § 6002 |
| Maryland | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
Not necessary | 30 days (non-curable)
14 days if there is a risk of immediate danger to health |
§ 8-401, § 8–402.1 |
| Massachusetts | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
14 days | No specified period | Chapter 186, Section 11 |
| Michigan | - Hand delivery
- Posting the notice on the property |
7 days | No specified period | § 554.134(2), § 600.5714 and § 554.134(4) |
| Minnesota | - Hand delivery | 14 days | No specified period | § 504B.135(b) |
| Mississippi | - Hand delivery
- Posting the notice on the property (nonpayment of rent only) - Posting the notice in the local newspaper (if other methods fail) |
3 days | 30 days | § 89-7-27, § 89-8-13(3)(b) |
| Missouri | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
Renter may cure non-payment up to 1 day before Unlawful Detainer trial date | 10 days | § 535.060, § 441.040 |
| Montana | - Hand delivery
- Registered/certified mail |
3 days | 14 days
3 days in the case of unauthorized pets or occupants |
§ 70-24-422 |
| Nebraska | - Hand delivery
- Delivery by process server - Posting the notice on the property AND mailing a copy by registered/certified mail |
3 days | 14 days | § 76-1431(2), 76-1431(1) |
| Nevada | - Hand delivery | 5 days | 5 days to quit with 3 days to cure | NRS 40.2512 |
| New Hampshire | - Hand delivery | 7 days | 30 days | § 540:3 |
| New Jersey | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
Not necessary or 30 days if landlord has accepted late rent previously | 30 days | § 2A:18-61.2(b) |
| New Mexico | - Hand delivery
- Registered/certified mail - Leaving the notice on the property - Leaving a copy with the tenants employer AND mailing copies to the tenant’s last known address AND workplace |
3 days | 7 days
3 days for an unauthorized occupant |
§ 47-8-33, § 47-8-33(b) |
| New York | - Hand delivery
- Posting the notice on the property |
14 days | 30 days
None if illegal activity has been committed on the property |
§ 711(2), § 753(4) |
| North Carolina | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
10 days | None or
10 days if substantial damage has been done to the property |
§ 42-3, § 42-26 |
| North Dakota | - Hand delivery
- Registered/certified mail to the last known address of the tenant - Posting the notice on the property (if all other methods fail) |
3 days | 3 days | § 47-32 |
| Ohio | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days | 3 days | § 1923.02 and § 1923.04, § 1923.04 |
| Oklahoma | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days | Title 41 § 131, § 41-132 |
| Oregon | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days (served 7 days after non-payment) | 14 days | ORS § 90.394, § 90.392 |
| Pennsylvania | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
10 days | 15 days (for leases of less than 1 year)
30 days (for leases of over 1 year) |
§ 250.501(b) |
| Rhode Island | - Hand delivery
- Registered/certified mail - Posting the notice on the property (if other methods fail) |
5 days (served after 15 days of non-payment) | 20 days | § 34-18-35, § 34-18-36 |
| South Carolina | - Hand delivery
- Registered/certified mail - Delivery by process server |
5 days | 14 days | § 27-40-710(B), § 27-40-710 |
| South Dakota | - Hand delivery (1st attempt)
- Posting the notice in the local newspaper (1st attempt, optional) - Posting the notice on the property AND mailing a copy by registered/certified mail (2nd attempt) |
3 days | A reasonable period to cure the breach | § 21-16-2(4), § 43-32-18 |
| Tennessee | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy |
14 days | 30 days | § 66-28-505, § 66-7-109 |
| Texas | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days | 3 days | § 24.005 |
| Utah | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
3 days | 3 days | § 78B-6-802 |
| Vermont | - Hand delivery
- Posting the notice on the property |
14 days | 30 days
14 days if illegal activity has been committed by the tenant |
§ 4467 |
| Virginia | - Hand delivery
- Posting the notice on the property AND mailing a copy |
5 days | 30 days | § 55.1-1415, § 55.1-1245 |
| Washington | - Hand delivery
- Registered/certified mail (and leaving a copy with another resident of the property) |
14 days | 10 days | SB-5600, RCW 59.12.030 |
| West Virginia | - Hand delivery
- Registered/certified mail |
No specified period | No specified period | § 55-3A-1 |
| Wisconsin | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy |
5 days for 1st violation
14 days for 2nd violation |
5 days for 1st violation
14 days for 2nd violation |
§ 704.17(2) |
| Wyoming | - Hand delivery
- Leaving a copy of the notice on the property with a fellow resident above the age of 14 |
3 days | 3 days | § 1-21-1003 |
If you do not deliver your notice legally or with the correct amount of notice, the eviction could be dismissed.
How Long Does the Eviction Process Take?
Eviction timelines vary significantly from state to state. The quickest states may go from posting of notice to a sheriff forcibly removing a tenant within two weeks. States with a slower process can take three or more months to have the eviction workflow make its way through the court system.
Even though most states or municipalities have a fast-tracked docket for evictions, the pace can slow if a judge determines they want to review additional evidence. All the while, the tenant can maintain possession of the property, though they will continue to owe rent during this time.
Read more:
How Do I Get an Eviction Removed From My Record?
How to Fight an Eviction
Eviction Process in North Carolina
Eviction is a legal process a property owner can use to regain control from a tenant. In the United States , eviction is governed by state law, so the process and legal requirements vary widely between states.
In some places, removal can be accomplished in mere days, while in other states, it may take multiple court trips over many months.
If you’re planning to evict a tenant, make sure you check your state’s eviction laws before taking any action.
What is the Eviction Process?
Typically, the process begins with a notice of violation, continues in court, and ends with a tenant’s forced removal. State laws establish the process that eviction proceedings must follow.
In most jurisdictions, the eviction process is intended to prevent tenants from losing their homes before the court can sort out if there was a breach in the lease between landlord and tenant.
Reasons for Eviction
Eviction is the result of a tenant materially breaching their lease contract with their landlord. A breach can occur for a variety of reasons, including:
- Non-payment of rent
- Violations of the lease agreement
- Holdover tenancy, when a tenant maintains possession after the end of a lease
- Damage to the property caused by the tenant
- Criminal activity
- Health code violations
State law dictates the reasons a landlord can legally evict a tenant. It will also dictate how much notice must first be given.
Sometimes, the particular reason for eviction can be significant. For example, some states allow tenants to avoid being evicted by paying late rent within a specific time frame.
Based on how severe the violation was and what state the property is located in, you may need to give more or fewer days' notice.
. Always remember to handle a situation like this by following your state’s legal eviction process.
Read More: Pros and Cons of Good Cause Eviction
How Does an Eviction Process Work?
Once a landlord has determined that the lease was breached, they can begin the eviction process to retake possession of their property. Generally, the process follows the following five steps:
Step 1: Give the Eviction Notice to the Tenant:
Before a landlord can remove a tenant and their possessions, they must notify the tenant they plan to bring an eviction action in court by providing them with a legal document.
The eviction notice must comply with the local law and specify the amount of time the tenant has to fix the breach (if required) or vacate the premises.
The three most common notices are:
Pay or Quit Notice
In states where landlords must give the tenant the chance to remedy the situation, this notice allows them to remain if they can pay enough rent, typically within 3 to 5 days.
Comply or Quit Notice
For evictions stemming from violations of lease rules, such as keeping unauthorized pets, this notice gives the tenant some amount of time to “cure” the breach and remain in the property.
Unconditional Notice to Quit
This notice requires the tenant to leave after a certain number of days. An unconditional notice can only be used in most states after extreme or repeated lease violations, such as seriously damaging the property or using the property for criminal purposes.
If the tenant has not left the premises after the number of days stated in the notice passes, a landlord must proceed to court to receive a formal eviction.
Step 2: Fill Out the Eviction Form
As a landlord, you will be the plaintiff filing a complaint in any eviction lawsuit. You will sue the tenant as a defendant, essentially accusing them of illegally occupying your property.
This may be referred to as an “unlawful detainer” action or a “forcible entry and detainer” suit in some jurisdictions.
Most large jurisdictions have separate legal dockets for these types of actions. Ensure you file the correct lawsuit in the property’s county, and list the proper plaintiff.
For example, if you own property through a corporation or an LLC, the company will be the plaintiff, rather than the landlord in an individual capacity. You can quickly and easily fill out the paperwork you need using our Eviction Notice Form.
Create your Eviction Notice Now
Step 3: Serve Papers to the Tenant
After filing a lawsuit, you must provide the tenant with proper notice of the eviction proceeding. This notice comes from legally “serving” the defendant with a copy of the lawsuit. You’ll also need to provide proof of service to the court.
Step 4: Eviction Trial
The tenant may have an opportunity after receiving service to submit a written answer to your complaint. In some states, tenants can forfeit the right to a trial by not filing an answer or not attending court.
In these cases, the landlord is awarded a default judgment.
Most states provide for eviction actions to be fast-tracked to trial. If the court date arrives and the tenant is still living on the property, you will have a trial.
At the trial, the landlord must prove that the tenant materially breached their lease and has received proper notice. In addition to an order to vacate or writ of possession, a winning landlord can receive damages and attorney’s fees in some states.
Step 5: After the Judgment
Typically, the writ for possession allows a couple of days for the tenant to move out on their own. Local law enforcement will carry out the writ for a landlord, forcibly removing the tenant from the premises. Once removed, a landlord will have the ability to change the locks.
When removing any belongings that a tenant left behind, a landlord needs to be aware of local laws.
For example, some states require the property to be stored for a certain amount of time to allow the tenant to recover their personal possessions.
Rules for Landlords in Evictions
Certain parts of the eviction workflow are best left to the courts and law enforcement. Self-help eviction remedies (such as locking the tenant out or turning off utilities) are explicitly outlawed in many states and can lead to landlords owing fines, fees, or damages.
Even where self-help eviction is legal, confrontations with tenants can quickly escalate. Damage to the property or violence is not uncommon in these situations.
These are some landlord don’ts:
- Attempting to remove the tenant from the property by force
- Removing the belongings of your tenants from the property until after a writ of possession is issued
- Changing the locks while the tenant still occupies the dwelling
- Utility shut-offs, such as water, gas, or electric
- Harassing the tenants beyond servicing legal notices
Eviction Notice Requirements by State
Review the table below to know exactly how much notice you must provide and for what type of contract breach.
Understand how much notice must be given to pay or vacate or cure or vacate in your state.
| State | Accepted Delivery Method | Days to Pay or Vacate | Days to Cure or Vacate | Laws |
|---|---|---|---|---|
| Alabama | - Hand delivery
- Posting the notice on the property |
7 days | 14 days | § 35-9A-421(b), § 35-9A-421(a) |
| Alaska | - Hand delivery
- Registered/certified mail |
7 days | 7 days | AS 34.03.220(b), AS 34.03.160 |
| Arizona | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days (week-to-week tenancy)
30 days (month-to-month) |
§ 33-1368(2b), § 33-1368(A) |
| Arkansas | - Hand delivery
- Registered/certified mail |
3 days | 14 days | § 18-60-304(3), § 18-17-901 |
| California | - Hand delivery
- Registered/certified mail |
3 days | 3 days | CCP § 1161(2), CCP §1161(3) |
| Colorado | - Hand delivery
- Posting the notice on the property |
3 days | 3 days | § 13-40-104 |
| Connecticut | - Hand delivery
- Posting the notice on the property |
3 days (non-curable, served 9 days after missed payment) | 3 days (non-curable, served 9 days after missed payment) | § 47a-23 |
| Delaware | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 7 days | Title 25 § 5502, 25 § 5513 |
| District of Columbia | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
30 days | 30 days | DC Law 22-245 |
| Florida | - Hand delivery
- Registered/certified mail - Delivery as specified in the tenant’s lease |
3 days | 7 days | § 83.56(3), § 83.56(1) |
| Georgia | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days (after receiving a Dispossessory procedure summons) | No specified period | § 44-7-50 |
| Hawaii | - Hand delivery
- Posting the notice on the property |
5 days | 10 days | § 521-68, § 521-72 |
| Idaho | - Hand delivery
- Posting the notice in the local newspaper AND mailing a copy by registered/certified mail |
3 days | 3 days | § 6-303(2), § 6-303(3) |
| Illinois | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days | 735 ILCS 5/9-209, 735 ILCS 5/9-210 |
| Indiana | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
10 days | A reasonable period to cure the breach | IC 32-31-1-6 |
| Iowa | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
3 days | 7 days | § 562a.27(2), § 562A.27(1) |
| Kansas | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy by registered/certified mail |
10 days | 14 days | *§ 58-2507, *§ 58-2564(1) |
| Kentucky | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days | 14 days | By county |
| Louisiana | - Hand delivery
- Posting the notice on the property - Registered/certified mail (New Orleans East Bank only) |
5 days | 5 days | CCP 4701 |
| Maine | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days (served 7 days after non-payment) | 7 days | Title 14 § 6002, § 6025 & § 6002 |
| Maryland | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
Not necessary | 30 days (non-curable)
14 days if there is a risk of immediate danger to health |
§ 8-401, § 8–402.1 |
| Massachusetts | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
14 days | No specified period | Chapter 186, Section 11 |
| Michigan | - Hand delivery
- Posting the notice on the property |
7 days | No specified period | § 554.134(2), § 600.5714 and § 554.134(4) |
| Minnesota | - Hand delivery | 14 days | No specified period | § 504B.135(b) |
| Mississippi | - Hand delivery
- Posting the notice on the property (nonpayment of rent only) - Posting the notice in the local newspaper (if other methods fail) |
3 days | 30 days | § 89-7-27, § 89-8-13(3)(b) |
| Missouri | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
Renter may cure non-payment up to 1 day before Unlawful Detainer trial date | 10 days | § 535.060, § 441.040 |
| Montana | - Hand delivery
- Registered/certified mail |
3 days | 14 days
3 days in the case of unauthorized pets or occupants |
§ 70-24-422 |
| Nebraska | - Hand delivery
- Delivery by process server - Posting the notice on the property AND mailing a copy by registered/certified mail |
3 days | 14 days | § 76-1431(2), 76-1431(1) |
| Nevada | - Hand delivery | 5 days | 5 days to quit with 3 days to cure | NRS 40.2512 |
| New Hampshire | - Hand delivery | 7 days | 30 days | § 540:3 |
| New Jersey | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
Not necessary or 30 days if landlord has accepted late rent previously | 30 days | § 2A:18-61.2(b) |
| New Mexico | - Hand delivery
- Registered/certified mail - Leaving the notice on the property - Leaving a copy with the tenants employer AND mailing copies to the tenant’s last known address AND workplace |
3 days | 7 days
3 days for an unauthorized occupant |
§ 47-8-33, § 47-8-33(b) |
| New York | - Hand delivery
- Posting the notice on the property |
14 days | 30 days
None if illegal activity has been committed on the property |
§ 711(2), § 753(4) |
| North Carolina | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
10 days | None or
10 days if substantial damage has been done to the property |
§ 42-3, § 42-26 |
| North Dakota | - Hand delivery
- Registered/certified mail to the last known address of the tenant - Posting the notice on the property (if all other methods fail) |
3 days | 3 days | § 47-32 |
| Ohio | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days | 3 days | § 1923.02 and § 1923.04, § 1923.04 |
| Oklahoma | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days | Title 41 § 131, § 41-132 |
| Oregon | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days (served 7 days after non-payment) | 14 days | ORS § 90.394, § 90.392 |
| Pennsylvania | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
10 days | 15 days (for leases of less than 1 year)
30 days (for leases of over 1 year) |
§ 250.501(b) |
| Rhode Island | - Hand delivery
- Registered/certified mail - Posting the notice on the property (if other methods fail) |
5 days (served after 15 days of non-payment) | 20 days | § 34-18-35, § 34-18-36 |
| South Carolina | - Hand delivery
- Registered/certified mail - Delivery by process server |
5 days | 14 days | § 27-40-710(B), § 27-40-710 |
| South Dakota | - Hand delivery (1st attempt)
- Posting the notice in the local newspaper (1st attempt, optional) - Posting the notice on the property AND mailing a copy by registered/certified mail (2nd attempt) |
3 days | A reasonable period to cure the breach | § 21-16-2(4), § 43-32-18 |
| Tennessee | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy |
14 days | 30 days | § 66-28-505, § 66-7-109 |
| Texas | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days | 3 days | § 24.005 |
| Utah | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
3 days | 3 days | § 78B-6-802 |
| Vermont | - Hand delivery
- Posting the notice on the property |
14 days | 30 days
14 days if illegal activity has been committed by the tenant |
§ 4467 |
| Virginia | - Hand delivery
- Posting the notice on the property AND mailing a copy |
5 days | 30 days | § 55.1-1415, § 55.1-1245 |
| Washington | - Hand delivery
- Registered/certified mail (and leaving a copy with another resident of the property) |
14 days | 10 days | SB-5600, RCW 59.12.030 |
| West Virginia | - Hand delivery
- Registered/certified mail |
No specified period | No specified period | § 55-3A-1 |
| Wisconsin | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy |
5 days for 1st violation
14 days for 2nd violation |
5 days for 1st violation
14 days for 2nd violation |
§ 704.17(2) |
| Wyoming | - Hand delivery
- Leaving a copy of the notice on the property with a fellow resident above the age of 14 |
3 days | 3 days | § 1-21-1003 |
If you do not deliver your notice legally or with the correct amount of notice, the eviction could be dismissed.
How Long Does the Eviction Process Take?
Eviction timelines vary significantly from state to state. The quickest states may go from posting of notice to a sheriff forcibly removing a tenant within two weeks. States with a slower process can take three or more months to have the eviction workflow make its way through the court system.
Even though most states or municipalities have a fast-tracked docket for evictions, the pace can slow if a judge determines they want to review additional evidence. All the while, the tenant can maintain possession of the property, though they will continue to owe rent during this time.
Read more:
How Do I Get an Eviction Removed From My Record?
How to Fight an Eviction
Eviction Process in North Carolina
Most Popular Posts
An eviction filed by your landlord hurts your credit report. It is also held as a public record and other landlords can view your previous rental...
As a property owner knowing squatter rights is crucial. These aren’t your ordinary delinquent tenants and knowing how the law treats them is...