How to file an eviction notice
Updated 2026-09-04 · 10 min read
Notice first
No court will hear a possession case until the correct notice has been served and its period has expired.
Eviction is a court process, not a landlord action. It runs notice, filing, service, hearing, judgment, and — only at the end, and only by a sheriff — a lockout. Skipping any step usually restarts it.
The sequence, start to finish
- 01Serve the correct notice for the fact pattern — see types of eviction notices.
- 02Let the period expire. Counting is usually from the day after service, and weekends may or may not count.
- 03File the complaint with the court that covers the property.
- 04Serve the summons and complaint the way the rules require.
- 05Hearing — bring the lease, the ledger, the notice and its proof of service.
- 06Judgment, then a writ of possession.
- 07Sheriff's lockout, on the sheriff's schedule, never yours.
Changing the locks, removing a door, shutting off utilities or moving belongings out is illegal self-help in every US state. It converts your case into the tenant's case, with statutory damages and their legal costs attached.
What the clerk actually needs
- The complaint on the court's own form, filled completely.
- A copy of the lease, or a statement of the tenancy terms where there is none.
- The notice you served, and the proof of how and when.
- The filing fee, and a fee waiver application if you are seeking one.
- The rent ledger — some courts require it attached, all of them want it at the hearing.
The ledger is the document that decides most non-payment cases. Keep it as you go with the rent ledger template rather than reconstructing it the night before.
The mistakes that restart the clock
| Mistake | Consequence |
|---|---|
| Wrong notice type for the facts | Dismissed; serve again and refile |
| Miscounted period | Dismissed; the days start over |
| Accepting rent after the notice | Notice waived in many states |
| Naming the wrong parties | Judgment unenforceable against the occupant |
| No proof of service | Case fails on the first question asked |
Accepting a partial payment is the trap most landlords walk into. If you take money mid-process, mark the receipt as partial and non-waiving — see rent receipt template — and check your state's rule first.
The cheaper routes, considered honestly
Filing costs money, weeks and goodwill, and the judgment rarely collects. Where the tenant will leave, a written agreement to vacate by a date, with a modest incentive, is almost always cheaper than a contested case — price the alternative in the turnover cost calculator before you file.
Where the tenancy is simply ending and there is no breach, you do not want an eviction at all; you want the notice to vacate template and the notice period from Civ. Code § 1946.1 or your state's equivalent (checked 2026-09-04).