Notices and eviction
Eviction process and timeline by state
The rule in every state and DC, with the statute and how well each answer is verified. Click a state for its full page.
After the notice expires, eviction is a court process: filing, service, a hearing, a judgment, and an order that lets a sheriff or marshal return possession. How long it takes depends on the state, the court and whether the tenant contests the case.
What to check in your state
- Answer deadlines and how quickly a hearing is set.
- Appeal rights and whether the tenant can stay while appealing.
- How long after judgment the writ can be executed.
Common mistakes
- Any self-help, such as changing locks or shutting off utilities. Most states prohibit it.
- Accepting partial rent after filing without checking whether it waives the case.
What federal law adds
Related: Eviction Notice Rules by State 2026: What to Serve Before Filing
| State | Rule | Details | Sources |
|---|---|---|---|
| Alabama | Notice, court filing, then a 7-day automatic stay on the writ after judgment. | After the notice period ends, file an eviction in district court, where these cases get scheduling priority. Either side may appeal within 7 days of judgment. A tenant who appeals must pay accruing rent into court or the writ can still issue. Answer deadlines are set by the court summons. | Ala. Code §§ 35-9A-461, 6-6-332 Checked against the official source |
| Alaska | Notice to quit, then a forcible entry and detainer case. Summons served at least 2 days before trial. | FED cases move fast. Continuances are limited to 2 days unless the tenant posts security for rent. A notice to quit must state the reason and, where curable, what the tenant must do. | AS 09.45.100 to 09.45.120 Checked against the official source |
| Arizona | Trial 3 to 6 days after the summons issues. Writ no sooner than 5 calendar days after judgment. | The summons must be served at least 2 days before trial. Trials can be postponed only up to 3 days in justice court or 5 days in superior court. For material and irreparable breaches, trial is set within 3 days and the writ can issue 12 to 24 hours after judgment. | A.R.S. §§ 33-1377, 12-1178(C) Checked against the official source |
| Arkansas | 3-day notice to quit, then the tenant has 5 days after service to object or a writ issues. | The 5 days exclude Sundays and legal holidays. If the tenant files no objection, the clerk issues a writ of possession without a hearing. If the tenant objects, the court sets a hearing. Arkansas also has a criminal failure-to-vacate statute (10-day notice) on the books as of 2024; check its current status and local practice before relying on it. | Ark. Code Ann. §§ 18-60-304, 18-60-307, 18-16-101 Secondary source |
| California | Tenant has 10 court days to respond after service (since 2025). | After the notice period, file an unlawful detainer. The response deadline excludes weekends and court holidays, with 5 more court days if served through the Secretary of State's address confidentiality program. After judgment, the sheriff posts a notice to vacate before the lockout. Just cause and local rules may add steps. | Cal. Code Civ. Proc. § 1167 Checked against the official source |
| Colorado | Court date 7 to 14 days after summons. Writ executed no sooner than 10 days after judgment. | The writ cannot issue until 48 hours after judgment. For tenants receiving SSI, SSDI, or Colorado Works, the writ waits 30 days after judgment in some cases. | C.R.S. §§ 13-40-111, 13-40-122 Checked against the official source |
| Connecticut | Notice to quit, then summary process in Superior Court. A marshal must give at least 24 hours' notice before removal. | After the notice period, file a summons and complaint. The court often refers cases to mediation. After judgment there is usually a short stay of execution. The marshal notifies the town and the tenant before the eviction. | Conn. Gen. Stat. §§ 47a-23a, 47a-26 to 47a-26d, 47a-35, 47a-42 Secondary source |
| Delaware | Summary possession in Justice of the Peace Court; often several weeks from notice to possession. | After the notice period, file for summary possession. The complaint is served 5 to 30 days before trial, either side has 5 days after judgment to appeal, and the writ of possession cannot issue until that appeal period ends. The constable gives at least 24 hours' notice before executing. Tenants can redeem by paying all past-due amounts and court costs any time before the eviction is executed (limits apply after 2 or more nonpayment judgments in 18 months). | 25 Del. C. §§ 5705, 5715, 5716A, 5717 Checked against the official source |
| District of Columbia | Superior Court Landlord and Tenant Branch. US Marshals carry out evictions after a 21-day notice of the eviction date. | After the 10-day or 30-day notice, file in the Landlord and Tenant Branch. After judgment and writ, give the tenant at least 21 days' notice of the scheduled eviction date by phone, email, or text, first-class mail, and posting. Evictions are barred in certain severe weather. Expect a longer process than in most states. | D.C. Code §§ 42-3505.01, 42-3505.01a Checked against the official source |
| Florida | Often 2 to 4 weeks if uncontested. Tenant has 5 business days to respond and must deposit rent to contest. | After the notice expires, file in county court. The tenant must pay the rent into the court registry or move to determine rent within 5 days (excluding weekends and holidays) after service, or the landlord can get a default judgment. The clerk then issues a writ, and the sheriff executes it after posting 24 hours' notice. | Fla. Stat. §§ 83.59, 83.60, 83.62 Checked against the official source |
| Georgia | Dispossessory affidavit, service, a 7-day answer period, and a writ effective 7 days after judgment. | After the required notice, file a sworn affidavit. The sheriff, a constable, or an approved process server serves the tenant. If the case is not decided within two weeks of service, the tenant must pay rent into court as it comes due. If the sheriff cannot execute the writ within 14 days of your request, you may hire an approved off-duty officer at your cost, with 5 days' written notice to the sheriff. Appeal rules in § 44-7-56 were not verified here. | O.C.G.A. §§ 44-7-50, 44-7-51, 44-7-54, 44-7-55 Checked against the official source |
| Hawaii | Summary possession case after the notice period and, for nonpayment, any mediation wait. | Either side can ask the court to order disputed rent paid into a rent trust fund while the case is pending. If the tenant does not pay into the fund, you get judgment for possession. We could not confirm typical court timelines for this guide. | HRS §§ 521-68, 521-78 Checked against the official source |
| Idaho | Expedited for nonpayment or drug activity: trial within 12 days of filing, tenant served at least 5 days before trial. | Continuances are limited to 2 days unless the tenant posts security for rent. After judgment, a residential tenant has 72 hours to remove belongings, and the sheriff restores possession after that time and 3 days after the court's finding. Other lease violation cases follow regular civil procedure. | Idaho Code §§ 6-310, 6-311, 6-316 Checked against the official source |
| Illinois | Notice, then a circuit court case. Only the sheriff can evict, after a court order. | After the notice period, file an eviction case and serve the summons. If you win, the order may include a stay date before the sheriff can enforce it, and you schedule the eviction with the sheriff. Courts can seal eviction records in some cases. Timelines vary by county. | 735 ILCS 5/9-101 et seq. Secondary source |
| Indiana | 10-day notice for unpaid rent, then a court case; total time depends on the county. | A judge must award possession before a tenant can be removed. Lockouts, utility shutoffs and removing doors or appliances are illegal. Emergency possessory hearings are set within 3 business days of filing. Cases that are dismissed or won by the tenant are sealed by the court, and since 2025 tenants may also ask to seal judgments they have paid off. | IC 32-30-2; IC 32-31-5-6; IC 32-31-6-5; IC 32-31-11-3 Secondary source |
| Iowa | Hearing within 8 days of filing; removal order executes within 3 days of judgment. | After the notice period, file a forcible entry and detainer action in the county where the unit sits. The court sets the hearing no later than 8 days after filing, or up to 15 days if you ask. The tenant must be served at least 3 days before the hearing. If you win, the court issues an execution to remove the tenant within 3 days. | Iowa Code 648.3; 648.5; 648.22 Checked against the official source |
| Kansas | 3-day notice, court appearance 3 to 14 days after summons, trial within 14 days, writ executed within 14 days. | Give a 3-day notice to leave before filing (it can be combined with the act's notices). The summons sets an appearance 3 to 14 days after issue. If a trial is needed it must happen within 14 days of the appearance date. The writ of restitution must be executed within 14 days after the officer receives it. Since July 1, 2026, courts must consider mediation and must order a continuance of up to 14 days while the parties mediate (L. 2026, ch. 132). | K.S.A. 61-3803; 61-3805; 61-3806; 61-3807; 61-3808 Checked against the official source |
| Kentucky | After the notice period, file a forcible detainer in district court. The tenant has 7 days after judgment to appeal before a warrant issues. | The defendant must get at least 3 days' notice of the trial. If the tenant does not appeal within 7 days after the judgment, the court issues a warrant of restitution on request and the sheriff restores possession. In URLTA areas, self-help evictions and utility shutoffs are barred. | KRS 383.210; KRS 383.215; KRS 383.245; KRS 383.690 Checked against the official source |
| Louisiana | After the notice period, file a rule to show cause. Trial no sooner than the third day after service; a warrant can issue 24 hours after judgment. | The court tries the rule and, if the landlord wins or the tenant does not appear, renders a judgment of eviction immediately. If the tenant does not leave within 24 hours, the court issues a warrant for the sheriff, constable or marshal to deliver possession. | La. Code Civ. Proc. arts. 4731, 4732, 4733 Checked against the official source |
| Maine | 7-day or 30-day notice, court hearing, writ issues 7 days after judgment, tenant has 48 hours after service. | File forcible entry and detainer in District Court and attach the judicial branch's tenant information form to the summons. Either side can request mediation. The writ issues 7 calendar days after judgment and is served by a sheriff or constable. A tenant still present 48 hours after service is a trespasser and remaining property is treated as abandoned. | 14 M.R.S. 6002; 6004; 6004-A; 6005 Checked against the official source |
| Maryland | 10-day notice, trial set for the 5th day after filing, warrant available 7 days after judgment. | Tenants may appeal within 4 days. For unpaid rent, tenants can redeem by paying all amounts owed before the eviction is carried out, unless they had 3 rent judgments in the prior 12 months. Order the warrant within 60 days of judgment or it is stricken. Since October 1, 2025, you must give the tenant written notice of the scheduled eviction date at least 6 days ahead by mail, door posting with a dated photo, and email or text if known. Evictions are stayed in extreme weather. | Md. Code, Real Prop. 8-401; 8-407 Checked against the official source |
| Massachusetts | Often 6 to 10 weeks for an uncontested case; longer if contested. | After the notice to quit runs out, serve a summary process summons and complaint and file it by the entry date. Trial is usually set about 10 days after the entry date, and a tenant who asks for discovery adds about two weeks. Execution generally cannot issue until 10 days after judgment. Judges can stay no-fault evictions for up to 6 months, or 12 months for elderly or disabled tenants. | G.L. c. 239; Uniform Summary Process Rules Secondary source |
| Michigan | Often 3 to 6 weeks for an uncontested nonpayment case. | After the 7-day demand runs out, file in district court. Under court rules in effect since May 1, 2024, the first hearing works as a pretrial where the court explains tenant rights, and nonpayment cases can be paused while a rental assistance application is pending. After a judgment for possession, the order of eviction generally cannot issue until 10 days have passed. | MCL 600.5701 to 600.5759; MCR 4.201 Secondary source |
| Minnesota | Often 4 to 6 weeks including the 14-day notice. | After the 14-day notice runs out, file the complaint. The court hearing is set 7 to 14 days after the summons issues (5 to 7 days for expedited cases). If you win, the court issues the writ but usually stays it for up to 7 days, except in expedited and default cases. Expunged or pending cases cannot be used to deny later applicants. | Minn. Stat. §§ 504B.321, 504B.345 Checked against the official source |
| Mississippi | Hearing must finish within 30 days of filing. The tenant must leave 7 days after judgment, then a warrant of removal issues. | File a sworn affidavit or complaint with the notice. Each adjournment is capped at 10 days unless both sides agree, and judgments are signed the same business day. The judge sets move-out 7 days after judgment unless an emergency justifies a different date. Since April 10, 2025, posting the warrant on the door does not execute it; officers must remove occupants. In nonpayment cases, no warrant issues if the tenant pays all sums awarded by the move-out date. | Miss. Code Ann. §§ 89-8-33, 89-8-37, 89-8-41 (2022 SB 2461); § 89-8-39 (as amended by 2025 SB 2328) Checked against the official source |
| Missouri | Often 3 to 6 weeks if uncontested. | In a rent and possession case, the summons sets a court date no more than 21 business days after it issues and must be served at least 4 days before court; posting and mailing service needs 10 days. A tenant has 10 days after judgment to appeal and must post bond to stay the eviction. If the officer has not delivered possession within 7 days of receiving the writ, you may, within 60 days of judgment, carry out the eviction yourself with a law enforcement officer present. | RSMo §§ 535.030, 535.110, 441.060.5 Checked against the official source |
| Montana | Often 3 to 5 weeks after the notice expires. | The summons gives the tenant 10 days after service to appear and answer. The court must hold the possession hearing within 10 business days after the appearance or answer date (5 business days for safety cases) and rule within 5 days. If you win, the writ issues immediately and the sheriff carries it out within 5 business days. | MCA 70-27-114, 70-24-427 Checked against the official source |
| Nebraska | Often 3 to 5 weeks including the notice period. | File a complaint for restitution stating the statutory basis and the notice given. The summons must be served within 3 days of issuance (excluding nonjudicial days), and trial is held 10 to 14 days after the summons issues, without a jury. If you win, the writ of restitution restores possession on a date no more than 10 days after it issues. | Neb. Rev. Stat. §§ 76-1441, 76-1442, 76-1446 Checked against the official source |
| Nevada | 7 judicial days' notice, then a court order; the sheriff posts it and removes the tenant 24 to 36 hours later. | If the tenant files an affidavit contesting the notice, the court holds a hearing. If not, you file an affidavit of complaint and the court can issue a lockout order. The sheriff or constable posts the order within 24 hours of receiving it. Self-help lockouts outside this process are unlawful. | NRS 40.253 Checked against the official source |
| New Hampshire | Notice period, then a writ returnable 7 days after service; hearing within about 10 days of the tenant's appearance. | After judgment, either side has 7 days to file a notice of intent to appeal. The court can delay move-out up to 3 months if the tenant pays weekly rent. Lockouts and utility shutoffs outside court are prohibited. | RSA 540:13, 540:13-c, 540:20; RSA 540-A:3 Checked against the official source |
| New Jersey | Court judgment first; warrant no sooner than 3 days later; lockout no sooner than the 3rd business day after service of the warrant. | Only a court officer can remove a tenant, between 8 a.m. and 6 p.m. In a nonpayment case, the tenant can pay all rent due within 3 business days after the warrant is posted or the lockout and the case must be dismissed. Courts can stay a warrant for hardship for up to 6 months if the tenant pays all rent due, and up to one year for a certified terminally ill tenant of at least two years. | N.J.S.A. 2A:18-57, 2A:42-10.16, 2A:42-10.16a, 2A:42-10.1, 2A:18-59.1 Checked against the official source |
| New Mexico | Trial 7 to 10 days after the summons is served; writ restores possession 3 to 7 days after judgment. | The court can continue the hearing up to 7 days for good cause. An appeal by the resident stays the writ, usually with rent paid into escrow. | NMSA 47-8-43; 47-8-46; 47-8-47 Checked against the official source |
| New York | 14-day demand, petition served 10 to 17 days before the hearing, then a warrant with 14 days' notice. | After judgment, the marshal or sheriff must give at least 14 days' written notice and execute on a business day between sunrise and sunset. Courts may grant stays in some cases. | N.Y. RPAPL §§ 711, 733, 749 Checked against the official source |
| North Carolina | Magistrate hearing within 7 business days of summons; 10 days to appeal; sheriff executes the writ within 5 days. | The summons sets a hearing no more than 7 days after issuance, not counting weekends and holidays. Service is by mail plus a sheriff phone call, visit, or posting. Either side has 10 days after judgment to appeal, and a summary ejectment appeal is dismissed if court costs are not paid within 10 days. A tenant who appeals can stay the eviction by paying undisputed back rent and signing an undertaking to pay rent into court. The sheriff gives notice of the lockout time and must execute the writ within 5 days. | N.C. Gen. Stat. §§ 42-28, 42-29, 42-34, 42-36.2; § 7A-228 Checked against the official source |
| North Dakota | 3-day notice, then a summons with an appearance date 3 to 15 days after issuance. | If you win, the court orders immediate restitution. A hardship stay is limited to 5 days and is not available for disturbance cases. | N.D.C.C. §§ 47-32-02, 47-32-04 Checked against the official source |
| Ohio | Often 3 to 6 weeks from notice to hearing, set by local court. | After the 3-day notice, file in municipal or county court. The summons must be served at least 7 days before trial, and the possession hearing cannot be sooner than the 7th day after service is complete. Since April 9, 2025, do not name a minor tenant as a defendant when a parent or adult guardian is also named. Move-out timing after judgment depends on local court practice. | Ohio Rev. Code §§ 1923.04, 1923.05(B), 1923.06(A), (H) Checked against the official source |
| Oklahoma | Hearing set 5 to 10 days after the summons issues. Often 2 to 3 weeks total. | The summons must be served at least 3 days before trial, by personal service, leaving it with a resident over 15, or by certified mail and posting if needed. Add the 5-day demand period before filing. | 12 O.S. §§ 1148.4, 1148.5 Checked against the official source |
| Oregon | First court appearance is 7 days after filing, or 15 days in nonpayment cases. | The clerk mails the summons and a process server serves it by the next judicial day. The first appearance can be delayed up to 7 more days for court scheduling. If the tenant contests, trial follows later. | ORS 105.135 Checked against the official source |
| Pennsylvania | Often 3 to 5 weeks from filing to removal if uncontested. | After the notice to quit, file with the magisterial district judge (Philadelphia uses Municipal Court). The statute sets the hearing 7 to 10 days from the summons. After judgment, the landlord may request a writ of possession after the 5th day; it is served within 48 hours and executed on the 11th day after service. Court rules may set slightly different timing. | 68 P.S. §§ 250.502, 250.503 Checked against the official source |
| Rhode Island | Nonpayment: 15 days late plus 5-day notice before filing. Execution issues on day 6 after judgment if no appeal. | The summons sets the hearing date. Other evictions use a 20-day cure notice and the tenant has 20 days after service to answer. Tenants may move to seal eviction records after a case ends in their favor or is satisfied. | R.I. Gen. Laws §§ 34-18-35, 34-18-36, 34-18-48, 34-18-60 Checked against the official source |
| South Carolina | Tenant has 10 days after service of the rule to vacate or show cause. Often 2 to 4 weeks total. | File in magistrate court. If the tenant does not respond in 10 days, the magistrate issues a writ of ejectment. After a verdict for the landlord, the writ issues within 5 days. The officer gives occupants 24 hours to leave before removal. A licensed broker-in-charge or property manager may complete the eviction forms for the owner. | S.C. Code §§ 27-37-20, 27-37-40, 27-37-100, 27-37-160, 27-40-710(C) Checked against the official source |
| South Dakota | Tenant must answer within 5 days of service. Trial can be set on 2 days' notice after that. | Service takes at least one attempt, and if the tenant is not found, a second attempt at least one week later, after which the summons can be posted and mailed. Continuances are limited to 14 days unless the tenant posts a bond for rent and costs. Execution for possession may be served only in daytime. | SDCL 21-16-6, 21-16-7, 21-16-8, 21-16-12 Checked against the official source |
| Tennessee | Often 3 to 6 weeks. The tenant has 10 days to appeal a general sessions judgment. | After notice, file a detainer warrant in general sessions court. Since July 1, 2024, de novo appeals follow the general appeal statutes rather than certiorari, and a tenant appealing under § 29-18-130(b)(2) must post a bond or cash or letter of credit equal to one year's rent (Pub. Ch. 755). The 10-day appeal period comes from the code text, which we could not open directly. | Tenn. Code Ann. §§ 29-18-128 to 29-18-130; 27-5-108 Secondary source |
| Texas | Notice to vacate (usually 3 days), then trial 10 to 21 days after filing; writ no earlier than day 6 after judgment. | SB 38 (effective January 1, 2026) added sworn motions for summary disposition without trial when no facts are disputed, lets parties appear by video or phone if they agree, and requires officers to serve the writ within five business days after it issues. A party has 5 days after the judgment is signed to appeal, and the court sets rent to be paid during an appeal. | Tex. Prop. Code §§ 24.005, 24.0051, 24.005105, 24.005106, 24.005107, 24.0053, 24.0061 Checked against the official source |
| Utah | Answer due 3 business days after service; trial within 60 days; 3 calendar days to leave after the order of restitution is served. | Either party can request an evidentiary hearing, held within 10 business days after the answer. Under HB 480 (effective May 7, 2025), the 3-day move-out period does not apply if the court orders immediate possession after a criminal nuisance hearing or a default for failure to appear, or if the parties agree otherwise. | Utah Code §§ 78B-6-807(3), 78B-6-810, 78B-6-812(2) Checked against the official source |
| Vermont | Usually several months. After judgment, the writ issues the same day and the sheriff cannot remove the tenant until 14 days after service. | The landlord can ask the court to order rent paid into court, heard on 14 days' notice. Act 13 (2025) lets any sheriff serve the writ, not only the county sheriff. | 12 V.S.A. §§ 4853a, 4854 Checked against the official source |
| Virginia | Initial hearing within 21 days of filing (30 days at most); the sheriff gives 72 hours' notice before executing the writ. | Serve the unlawful detainer summons at least 10 days before the return date. An order of possession stays valid for 180 days, and the writ should be executed within 15 days after the sheriff receives it and no later than 30 days after it issues. A tenant stops a nonpayment eviction by paying all rent, damages, fees, and costs at least 48 hours before the scheduled eviction, unless the case also rests on other grounds. | Va. Code §§ 8.01-126, 8.01-470, 55.1-1250 Checked against the official source |
| Washington | Show cause hearing 7 to 30 days after service of the order; the sheriff cannot execute the writ until 3 days after serving it. | Unlawful detainer runs in superior court. Indigent tenants get an appointed attorney, subject to funding. In nonpayment cases the court may stay the writ for a payment plan of up to 90 days. | RCW 59.18.370, 59.18.390, 59.18.410, 59.18.640 Checked against the official source |
| West Virginia | Hearing 5 to 10 judicial days after the petition is filed; tenant may file a written defense within 5 days of notice. | If the tenant does not respond, the court grants immediate possession. The order sets the move-out time, after which the sheriff removes the tenant. Continuances are for cause only, and a tenant who gets one must pay rent into court. | W. Va. Code §§ 55-3A-1, 55-3A-3 Checked against the official source |
| Wisconsin | Small claims case: return date 5 to 25 days after the summons issues, served at least 5 days before the return date. | If the landlord wins, the court orders a writ of restitution right away. The court may stay the writ up to 30 days for hardship if the tenant pays rent due, and the sheriff cannot execute a writ received more than 30 days after it issues. | Wis. Stat. §§ 799.05(3)(b), 799.44 Checked against the official source |
| Wyoming | Very fast: summons served 3 to 12 days before trial, after a 3-day notice. | The renter does not have to file a written answer. If the renter does not appear, the court tries the case anyway. A continuance for the renter beyond 2 days requires a bond for rent. After judgment the officer executes the writ within 2 days, Sundays excepted, and an appeal stays the eviction only if the renter files a bond within 48 hours. | Wyo. Stat. §§ 1-21-1003 to 1-21-1007, 1-21-1013, 1-21-1014 Checked against the official source |
Laws change. Each rule shows its source and the date it was last checked. Read the statute and talk to a local attorney before acting.
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