US eviction law, all 50 states
Landlord eviction process, state by state
The landlord eviction process has the same shape in every state: a notice where the state asks for one, a court filing, a hearing, a judgment and removal by a court officer. What changes is the notice, its days and the court, and here are all 50, each figure with its statute.
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- States covered
- 50
- Shortest notice for unpaid rent
- 3 days
- in 16 states
- Longest notice for unpaid rent
- 14 days
- in 7 states
- States with no notice before filing
- 4
Step by step
The landlord eviction process in five steps
- 1
Serve the notice
Serve the notice the state asks for: one for unpaid rent, another for a lease breach, and a month-to-month notice to end a tenancy without a reason.
- 2
File the eviction in court
If the tenant neither pays, fixes the breach nor leaves, file the eviction in the court the state names.
- 3
Go to the hearing
The tenant is served and can answer, and the court hears both sides.
- 4
Judgment and appeal
The court rules, and the losing side may have a short window to appeal.
- 5
Removal by a court officer
After judgment, an officer of the court carries out the removal. In most states, a landlord who changes the locks alone breaks the law.
Notice for unpaid rent, grouped by length
Calendar, business and court days are counted as each statute says; the table below shows which.
Up to 3 days16
4 to 7 days16
8 to 14 days14
No notice before filing4
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the notice your state asks for, with its days and its statute. You read it and sign; nothing goes out without you.
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Dardaris
Eviction notice periods and courts in all 50 states
Pick a state for its full process, with every statute and source.
| State | Unpaid rent notice | Pay to stay | Lease breach notice | Court |
|---|---|---|---|---|
| Alabama | 7 business days | Yes | 7 business days | district court |
| Alaska | 7 calendar days | Yes | 10 calendar days | district court |
| Arizona | 5 calendar days | Yes | 10 calendar days | justice court or superior court |
| Arkansas | 3 calendar days | No | 14 calendar days | circuit court or district court |
| California | 3 court days | Yes | 3 court days | superior court |
| Colorado | 10 calendar days | Yes | 10 calendar days | county court |
| Connecticut | 3 calendar days | No | 15 calendar days | superior court (housing session) |
| Delaware | 7 calendar days | Yes | 7 calendar days | justice of the peace court |
| Florida | 3 court days | Yes | 7 calendar days | county court |
| Georgia | 3 business days | Yes | No fixed period | magistrate court (also state, superior or some municipal courts) |
| Hawaii | 10 calendar days | Yes | 10 calendar days | district court |
| Idaho | 3 calendar days | Yes | 3 calendar days | district court, magistrate division |
| Illinois | 5 calendar days | Yes | 10 calendar days | circuit court |
| Indiana | 10 calendar days | Yes | No fixed period | small claims docket of the circuit or superior court, or a city or town court |
| Iowa | 3 calendar days | Yes | 7 calendar days | district court, usually as a small claims action |
| Kansas | 3 calendar days | Yes | 30 calendar days | district court, under the code of civil procedure for limited actions |
| Kentucky | 7 calendar days | Yes | 14 calendar days | district court |
| Louisiana | 5 business days | No | 5 business days | justice of the peace, city or parish court, or district court |
| Maine | 7 calendar days | Yes | 7 calendar days | District Court |
| Maryland | 10 calendar days | Yes | 30 calendar days | District Court |
| Massachusetts | 14 calendar days | Yes | No fixed period | Housing Court or District Court |
| Michigan | 7 calendar days | Yes | No fixed period | district court |
| Minnesota | 14 calendar days | Yes | No fixed period | district court |
| Mississippi | 3 calendar days | Yes | 14 calendar days | justice court or county court |
| Missouri | No period before filing | Yes | 10 calendar days | associate circuit court |
| Montana | 3 calendar days | Yes | 14 calendar days | justice court (city or district court also have jurisdiction) |
| Nebraska | 7 calendar days | Yes | 30 calendar days | county court or district court |
| Nevada | 7 court days | Yes | 5 calendar days | justice court (or district court where it has jurisdiction) |
| New Hampshire | 7 calendar days | Yes | 30 calendar days | circuit court, district division |
| New Jersey | No period before filing | Yes | No fixed period | Superior Court, Law Division, Special Civil Part, Landlord/Tenant Section |
| New Mexico | 3 calendar days | Yes | 7 calendar days | magistrate court (metropolitan court in Bernalillo County) or district court |
| New York | 14 calendar days | Yes | No fixed period | Civil Court Housing Part in New York City; city, district, town or village courts elsewhere |
| North Carolina | 10 calendar days | Yes | No fixed period | small claims court (magistrate) of the district court |
| North Dakota | 3 calendar days | No | 3 calendar days | district court |
| Ohio | 3 calendar days | No | 30 calendar days | municipal court or county court |
| Oklahoma | 5 calendar days | Yes | 15 calendar days | district court, small claims docket |
| Oregon | 10 calendar days | Yes | 30 calendar days | circuit court |
| Pennsylvania | 10 calendar days | No | 15 calendar days | magisterial district court |
| Rhode Island | 5 calendar days | Yes | 21 calendar days | district court |
| South Carolina | 5 court days | Yes | 14 calendar days | magistrates court |
| South Dakota | No period before filing | No | No fixed period | circuit court or magistrate court |
| Tennessee | 14 calendar days | Yes | 14 calendar days | general sessions court |
| Texas | 3 calendar days | No | 3 calendar days | justice court |
| Utah | 3 business days | Yes | 3 calendar days | district court |
| Vermont | 14 calendar days | Yes | 30 calendar days | superior court, civil division |
| Virginia | 14 calendar days | Yes | 30 calendar days | general district court |
| Washington State | 14 calendar days | Yes | 10 calendar days | superior court |
| West Virginia | No period before filing | No | No fixed period | magistrate court or circuit court |
| Wisconsin | 5 calendar days | Yes | 5 calendar days | circuit court, small claims |
| Wyoming | 3 calendar days | No | 3 calendar days | circuit court |
What about the commercial eviction process?
These pages cover residential tenancies. A commercial eviction process follows different statutes and leans far more on the lease itself, so none of the periods here should be read as applying to a shop, an office or a warehouse.
Questions about the landlord eviction process
What is the landlord eviction process?
A notice where the state requires one, then a court case, a hearing, a judgment and removal by a court officer. Each state page says exactly what its statutes allow a landlord to do without the court.
Does the commercial eviction process follow the same rules?
No. These guides cover residential tenancies only. A commercial eviction follows other statutes and the terms of the commercial lease, which this guide does not summarise.
Which states have the shortest notice for unpaid rent?
The shortest period is 3 days, in Arkansas, California, Connecticut, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Montana, New Mexico, North Dakota, Ohio, Texas, Utah and Wyoming. Some count calendar days, some business or court days, so check the state page before you rely on it.
Which states need no notice before filing for unpaid rent?
Missouri, New Jersey, South Dakota and West Virginia. Each of those pages quotes what the statute asks for instead.
Can a landlord evict without going to court?
Almost never. Most states ban self-help eviction outright, and where a statute leaves room, the court is still the safe course. Each state page quotes its own rule.
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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