Definition
Eviction in real estate is the legal process by which a landlord removes a tenant from a rental property, usually for breaches of the lease or for nonpayment of rent. It requires formal legal steps—notice, court filing, and, if necessary, law-enforcement enforcement—and is limited to disputes over possession within the landlord–tenant relationship.
Common legal grounds for eviction
- Nonpayment of rent
- Violation of lease terms
- Illegal activity in the rental unit
- Landlord’s lawful reason to regain possession (e.g., to occupy or renovate, where allowed by law)
Typical eviction process (key steps)
- Notice to vacate — Landlord serves a written notice stating the reason and a timeframe to cure the violation or move out. Timeframes vary by jurisdiction (for example, some Minnesota notices for unpaid rent use a 14‑day period).
- Filing an eviction lawsuit — If the tenant doesn’t comply, the landlord files in court; the tenant receives a summons and can contest the case.
- Court hearing and judgment — A judge hears evidence from both parties. If the landlord prevails, the court issues a judgment for possession.
- Enforcement — If the tenant still remains, designated authorities (e.g., sheriff or U.S. Marshals) carry out the eviction; landlords cannot forcibly remove tenants themselves.
Real-world variations & examples
- Washington, D.C.: Eviction requires one of several statutory reasons (including nonpayment or violations), a judicial process with specified notice, and enforcement by U.S. Marshals after judgment.
- Minnesota: Laws commonly provide notice periods (for example, a 14‑day notice for unpaid rent) and opportunities for tenants to cure certain violations before eviction proceeds.
- Post‑foreclosure: New owners may remove tenants under specific statutes after ownership changes, following the applicable legal procedures.
Eviction vs. ejectment
Eviction addresses possession within the landlord–tenant relationship. By contrast, ejectment deals with disputes over ownership or title rather than tenancy.
Why eviction matters
Eviction is a legal safeguard for landlords to protect their property and enforce lease terms, but it can be costly and time‑consuming. For tenants, eviction is often stressful and disruptive; the law balances these interests by requiring formal procedures and offering tenants the ability to contest actions in court.
Quick practical points
- Always read any eviction notice carefully and note deadlines.
- Tenants generally have the right to contest an eviction in court.
- Landlords must follow legal procedures—self-help evictions (changing locks, removing belongings without a court order) are typically prohibited.
- Because rules vary by jurisdiction, understand local eviction statutes and timelines.
In short, eviction means the lawful removal of a tenant after prescribed legal procedures are followed—triggered by lease breaches or statutory grounds and enforced only through the courts and authorized officials.
