The legal action that is commonly used to evict a tenant is called an “unlawful detainer” action.  Every state has an unlawful detainer procedure whereby a landlord gets a court order to evict a tenant quickly and at low cost.  The proceeding commonly requires first serving the tenant with a “notice to quit," which notifies the tenant that the landlord is kicking the tenant out.  State law varies regarding how many days notice a tenant is entitled to before the tenant can actually be evicted, but it is usually between 3 and 7 days.  The landlord must then wait for the number of days to expire and then file an unlawful detainer action with the court.  If the landlord "wins" the unlawful detainer action, then the landlord gets a court order or judgment for possession of the property.  It is illegal for the landlord to physically remove the tenant, lock the tenant out or remove the tenant's belongings.  In most states, it is the sheriff who will enforce the judgment/court order and escort the tenant out of the unit. 

Landlord/Tenant Sub-categories

Landlord Rights Landlord Tenant Law Landlord Tenant Rights Leases

Rental Discrimination Repairs Security Deposit Terminations and Evictions