How to file an eviction notice

The sequence, start to finish

1. 01Serve the correct notice for the fact pattern — see types of eviction notices.
2. 02Let the period expire. Counting is usually from the day after service, and weekends may or may not count.
3. 03File the complaint with the court that covers the property.
4. 04Serve the summons and complaint the way the rules require.
5. 05Hearing — bring the lease, the ledger, the notice and its proof of service.
6. 06Judgment, then a writ of possession.
7. 07Sheriff's lockout, on the sheriff's schedule, never yours.

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

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 2026-10-18).