If you’ve ever seen someone in a movie or TV show getting evicted, it can seem like a sudden decision with immediate consequences. But in reality, eviction is a complex legal process that usually takes several weeks to complete.

While the exact steps and timing can vary based on state and local laws, the eviction process generally proceeds as follows:

Formal Warning

When a renter doesn’t pay their monthly rent according to the lease terms, the landlord can start proceedings to have them removed from the property. This warning is usually a pay-or-quit notice. This legal document demands payment of rent within a specified time period — generally three days. If the tenant is unable to pay within the time period, they are asked to vacate — or “quit” the premises.

Eviction Paperwork

If the renter doesn’t pay following the pay-or-quit noticed the landlord will proceed with filing a forcible detainer to remove the tenant. This paperwork includes the eviction complaint, which is the form that officially starts the process, and the summons, which informs the tenant about the eviction case. This paperwork is filed through the court. The summons will be served to the tenant by the local sheriff’s office.

Know Your Rights

If you are served with an eviction summons, read through it carefully and thoroughly to ensure any moves you make follow your local laws. You’ll also want to review your tenant’s rights to be sure they aren’t being violated. Here is a list of tenant’s rights by state.

Court Proceedings

Once all the paperwork has been filed and served, a judge will review the case and all documentation and issue a ruling. If the judge rules in the landlord’s favor, the tenant must vacate the premises with their belongings. However, landlords are not allowed to harass or intimidate residents during this process.

Avoiding Eviction

An eviction stays on your credit report for seven years and can make it difficult to find affordable housing and obtain credit at reasonable rates. If you suspect or know you will be unable to pay your rent on time, contact your landlord immediately. You will have more options available to you if you communicate openly, honestly and quickly. Depending on your situation, your landlord may be willing to extend the grace period, accept partial payment or make other arrangements. But once eviction proceedings begin, it eliminates all other options.

If you need additional guidance to avoid eviction or find affordable housing following eviction, our HUD-approved rental counseling can help.