Question 1

What are the steps to evict a tenant for unpaid rent in California?

Accepted Answer

In California, an eviction for unpaid rent runs through 7 steps, each set by the statute or court rule beside it: (1) Serve a 3-day notice to pay rent or quit — Cal. Code Civ. Proc. § 1161(2); (2) Wait 3 court days, excluding weekends and holidays — Cal. Code Civ. Proc. § 1161(2); (3) File the unlawful detainer complaint — Cal. Code Civ. Proc. § 1166; (4) Serve the summons and complaint — Cal. Code Civ. Proc. § 415.10 et seq.; (5) Five court days to respond — Cal. Code Civ. Proc. §§ 1167, 1170.5; (6) Trial — Cal. Code Civ. Proc. § 1170.5; (7) Writ of possession and the sheriff’s 5-day notice — Cal. Code Civ. Proc. § 715.010. The three-day notice period and the five-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it. City of Los Angeles and San Francisco add requirements of their own. The procedure as a whole is set by Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act).

Question 2

What are the steps to evict a tenant for unpaid rent in Texas?

Accepted Answer

In Texas, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Give written notice to vacate — Tex. Prop. Code § 24.005; (2) File a petition for eviction in the justice court — Tex. R. Civ. P. 510.3; (3) The constable serves the citation — Tex. R. Civ. P. 510.4; (4) Trial, 10 to 21 days after filing — Tex. R. Civ. P. 510.4; (5) Five days to appeal — Tex. R. Civ. P. 510.9; (6) Writ of possession, executed by the constable — Tex. Prop. Code § 24.0061. The three-day notice to vacate is the default and the lease may change it — many Texas leases shorten it to 24 hours, which is enforceable. Check the lease before assuming three days. The procedure as a whole is set by Tex. Prop. Code §§ 24.005, 24.0051, 24.0061, 92.0081; Tex. R. Civ. P. 500–510.

Question 3

What are the steps to evict a tenant for unpaid rent in Florida?

Accepted Answer

In Florida, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Serve a 3-day notice to pay rent or vacate — Fla. Stat. § 83.56(3); (2) File a complaint for eviction in the county court — Fla. Stat. § 83.59; (3) Summons served by the sheriff or a process server — Fla. Stat. § 48.183; (4) Five working days to answer AND deposit the rent — Fla. Stat. § 83.60(2); (5) Judgment for possession — Fla. Stat. § 83.59; (6) Writ of possession — 24 hours’ notice — Fla. Stat. § 83.62. Florida’s registry-deposit rule is the most consequential detail in the state: a tenant who does not deposit the rent claimed loses the right to defend, and the landlord may move for a default judgment for possession. The procedure as a whole is set by Fla. Stat. §§ 83.56, 83.59, 83.60, 83.62, 83.67; Fla. Stat. § 51.011.

Question 4

What are the steps to evict a tenant for unpaid rent in New York?

Accepted Answer

In New York, an eviction for unpaid rent runs through 8 steps, each set by the statute or court rule beside it: (1) Serve a 14-day written rent demand — RPAPL § 711(2); (2) Wait the full 14 days for payment — RPAPL § 711(2); (3) Prepare the notice of petition and petition — RPAPL § 741; (4) File and buy an index number — CPLR § 321(a); (5) Serve the notice of petition and petition, 10 to 17 days before the return date — RPAPL §§ 733, 735; (6) The return date — RPAPL § 732; (7) Judgment and warrant of eviction — RPAPL § 749; (8) Marshal’s 14-day notice of eviction — RPAPL § 749(2). Rent must be demanded in writing 14 days before a nonpayment proceeding, and the demand must state the rent due by month. A tenant may pay the full amount at any point up to the execution of the warrant and the proceeding ends. New York City adds requirements of its own. The procedure as a whole is set by RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019.

Question 5

What are the steps to evict a tenant for unpaid rent in Pennsylvania?

Accepted Answer

In Pennsylvania, an eviction for unpaid rent runs through 5 steps, each set by the statute or court rule beside it: (1) Serve a 10-day notice to quit for nonpayment — 68 P.S. § 250.501(b); (2) File a landlord/tenant complaint — Pa. R.C.P.M.D.J. 502; (3) Hearing, 7 to 15 days after filing — Pa. R.C.P.M.D.J. 503; (4) Ten days to appeal, then an order for possession — Pa. R.C.P.M.D.J. 1002, 1008; (5) Order for possession — 10 days’ notice — Pa. R.C.P.M.D.J. 515, 518. The ten-day notice for nonpayment may be waived by the lease, and many Pennsylvania leases do waive it. Read the lease before serving. Philadelphia adds requirements of its own. The procedure as a whole is set by 68 P.S. §§ 250.501, 250.502, 250.503; Pa. R.C.P.M.D.J. 501–521.

Question 6

What are the steps to evict a tenant for unpaid rent in Illinois?

Accepted Answer

In Illinois, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Serve a 5-day notice for nonpayment of rent — 735 ILCS 5/9-209; (2) File a complaint for possession — 735 ILCS 5/9-106; (3) Summons served at least three days before the appearance date — 735 ILCS 5/9-107; (4) The appearance date — 735 ILCS 5/9-106; (5) Order for possession, with a stay — 735 ILCS 5/9-110; (6) The sheriff executes the order — 735 ILCS 5/9-117. A five-day notice for nonpayment must state the amount due, and payment of that amount in full within the five days ends it as a matter of law. Chicago adds requirements of its own. The procedure as a whole is set by 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130.

Question 7

What are the steps to evict a tenant for unpaid rent in Ohio?

Accepted Answer

In Ohio, an eviction for unpaid rent runs through 3 steps, each set by the statute or court rule beside it: (1) Serve the 3-day notice with the statutory language — O.R.C. § 1923.04; (2) File a forcible entry and detainer complaint — O.R.C. § 1923.02; (3) Hearing within 30 days of filing — O.R.C. § 1923.08. Ohio’s three-day notice must contain a specific statutory sentence, verbatim and conspicuously: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you..." A notice without it is void. The procedure as a whole is set by O.R.C. §§ 1923.02, 1923.04, 1923.08, 5321.15.

Question 8

What are the steps to evict a tenant for unpaid rent in Georgia?

Accepted Answer

In Georgia, an eviction for unpaid rent runs through 5 steps, each set by the statute or court rule beside it: (1) Demand possession — O.C.G.A. § 44-7-50; (2) File a dispossessory affidavit — O.C.G.A. § 44-7-50; (3) Seven days to answer — O.C.G.A. § 44-7-51; (4) The tenant’s right to pay and stay — O.C.G.A. § 44-7-52; (5) Writ of possession, seven days after judgment — O.C.G.A. § 44-7-55. Georgia has no waiting period after the demand for possession: the affidavit may be filed as soon as the demand is refused. A tenant may pay all rent and costs within seven days of the answer to stop the eviction, once every twelve months. The procedure as a whole is set by O.C.G.A. §§ 44-7-50, 44-7-51, 44-7-52, 44-7-55.

State	The first step	Source
Arizona	Serve a 5-day notice for nonpayment	A.R.S. §§ 33-1368, 33-1377, 12-1173.01, 33-1367
California	Serve a 3-day notice to pay rent or quit	Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act)
Colorado	Serve a 10-day demand for compliance or possession	C.R.S. §§ 13-40-104, 13-40-107.5, 13-40-111, 13-40-122
Connecticut	Wait out the 9-day grace period	Conn. Gen. Stat. §§ 47a-15a, 47a-23, 47a-23a, 47a-26, 47a-35, 47a-43
District of Columbia	Confirm the Basic Business Licence and rent registration	D.C. Code §§ 42-3505.01, 16-1501, 16-1502; D.C. Super. Ct. L&T R. 3
Florida	Serve a 3-day notice to pay rent or vacate	Fla. Stat. §§ 83.56, 83.59, 83.60, 83.62, 83.67; Fla. Stat. § 51.011
Georgia	Demand possession	O.C.G.A. §§ 44-7-50, 44-7-51, 44-7-52, 44-7-55
Illinois	Serve a 5-day notice for nonpayment of rent	735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130
Maryland	Serve a 10-day notice of intent to file	Md. Code, Real Prop. §§ 8-401, 8-402.1; Md. Rule 3-711
Massachusetts	Serve a 14-day notice to quit for nonpayment	M.G.L. c. 186, §§ 11, 11A, 12, 15F; c. 239, §§ 1, 8A; Uniform Summary Process Rules
Michigan	Serve a 7-day demand for possession for nonpayment	MCL 554.134, 600.5714, 600.5741, 600.5744, 600.2918
Minnesota	Serve the 14-day notice of nonpayment	Minn. Stat. §§ 504B.135, 504B.291, 504B.321, 504B.345, 504B.231
Nevada	Serve a 7-day pay-or-quit notice	NRS 40.253, 40.2512, 118A.390; JCRLV Rule 44
New Jersey	Confirm the property registration is filed and served	N.J.S.A. 2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-10.16; N.J.S.A. 2A:39-1
New York	Serve a 14-day written rent demand	RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019
North Carolina	Make a 10-day demand for rent	N.C.G.S. §§ 42-3, 42-26, 42-28, 42-30, 42-25.6, 42-36.2
Ohio	Serve the 3-day notice with the statutory language	O.R.C. §§ 1923.02, 1923.04, 1923.08, 5321.15
Oregon	Wait until rent is at least 8 days late	ORS 90.394, 90.396, 90.427, 105.113, 105.137, 90.375
Pennsylvania	Serve a 10-day notice to quit for nonpayment	68 P.S. §§ 250.501, 250.502, 250.503; Pa. R.C.P.M.D.J. 501–521
Texas	Give written notice to vacate	Tex. Prop. Code §§ 24.005, 24.0051, 24.0061, 92.0081; Tex. R. Civ. P. 500–510
Virginia	Serve a 5-day pay-or-quit notice	Va. Code §§ 55.1-1245, 55.1-1250, 8.01-124, 8.01-126, 55.1-1243
Washington	Serve the statutory 14-day pay-or-vacate notice	RCW 59.18.057, 59.18.650, 59.12.030, 59.18.365, 59.18.290; RCW 59.18.630 (eviction resolution)

What are the steps to evict a tenant for unpaid rent?

The first step, state by state

The answer in full, for the biggest rental markets