To file a complaint for eviction, you serve the tenant with the written notice your state requires, wait out the cure or vacate period, then submit a completed complaint with the lease, a copy of the notice, and proof of service to the local court that covers the rental property’s address. You pay the filing fee, the clerk issues a summons, and a neutral third party formally delivers the summons and complaint to the tenant. From filing through a possession judgment typically takes several weeks to a few months, and filing fees run roughly $50 to $500 depending on the court and whether you’re also seeking a money judgment.
Confirm You Have a Legal Ground to File
Every state’s landlord-tenant statute lists the reasons a landlord can seek eviction, and about 21 states base their rules on the Uniform Residential Landlord and Tenant Act of 1972, though even those have modified it. The grounds that appear almost everywhere are nonpayment of rent, material lease violations such as unauthorized pets or subletting, criminal activity on the premises (often with a shorter or no notice period), and holdover tenancy after a lease expires. Pick the ground that actually fits your situation before you draft anything, because the ground determines what notice you have to serve and how long you have to wait.
Serve the Required Written Notice First
You cannot walk into the courthouse and file the moment a problem arises. Nearly every state requires a written notice to the tenant first, giving them a window to fix the issue or move out. This is where most eviction cases fall apart: skip the notice or get the timing wrong, and a judge will throw the complaint out no matter how strong the underlying facts are.
For nonpayment of rent, the notice period typically runs three to fourteen days, though a few states allow longer. Lease violations usually carry a similar cure period during which the tenant can correct the problem and avoid the lawsuit. No-fault terminations, such as ending a month-to-month tenancy, generally require 30 to 60 days. Many jurisdictions require specific language or a particular form, so check what your local court expects rather than drafting from scratch.
Delivery matters as much as content. Personal hand-delivery, certified mail, and posting are the common methods, and you need proof that the notice actually reached the tenant. Keep the certified mail receipt, the process server’s affidavit, or a signed acknowledgment. That proof gets attached to the complaint. Without it, the case stalls before it starts.
The CARES Act 30-Day Notice for Federally Backed Properties
If you’re filing for nonpayment at a property with a federally backed mortgage or federal housing assistance, you owe the tenant a 30-day notice to vacate before filing, under Section 4024(c) of the 2020 CARES Act. Most courts that have addressed the question have held the requirement is not time-limited and remains in effect, though a small number of jurisdictions have disagreed.1Congressional Research Service. CARES Act Eviction Notice Requirements: Background and Recent Developments Covered properties include those financed through Fannie Mae, Freddie Mac, FHA, VA, and USDA loans, plus units receiving Section 8 vouchers or other federal rental assistance. Filing without the 30-day notice risks dismissal.
What the Complaint Must Include
The complaint is a court form or pleading that lays out your case. Courts expect specific information, and blank fields or estimates invite delays or dismissal. Every complaint should contain:
- The full legal names of every adult occupying the unit. Listing only the person who signed the lease is a common mistake, because unnamed occupants can sometimes block enforcement later and force you to start over.
- The complete physical address of the rental unit, including apartment or unit number.
- A clear statement of the ground: nonpayment, lease violation, holdover, or another recognized reason.
- If unpaid rent is at issue, an itemized amount showing past-due rent, late fees, and other charges calculated through the filing date. Courts want specifics, not a lump sum labeled “past due balance.”
- The relief you’re asking the court to order, typically possession of the property and a money judgment for unpaid rent.
Attach a copy of the signed lease and a copy of the notice you served, along with proof of delivery. Local court websites and clerks’ offices usually have the forms. Some jurisdictions use standardized fill-in-the-blank forms; others require you to draft a formal legal pleading.
Where to File and What It Costs
Submit the paperwork to the clerk of the court that has jurisdiction over the property’s location, typically a local district, county, or municipal court rather than a higher-level court. Many court systems accept electronic filing, and walking the documents to the clerk’s window works everywhere.
Filing fees vary widely. A possession-only case might cost as little as $50 in some jurisdictions, while cases that also seek a money judgment for unpaid rent can run $400 or more. A few high-cost areas push past $500 when the amount in dispute is large. You pay upfront, though a successful judgment may let you recover court costs from the tenant. Fee waivers exist for very low-income filers, but courts grant them less often to plaintiffs than to defendants.
Serving the Summons and Complaint on the Tenant
Filing generates a summons, which is the court’s official notice telling the tenant they’ve been sued and when to respond. The summons and a copy of the complaint have to be formally delivered through service of process. This step is what gives the court authority to hear the case. Get it wrong, and the judge cannot proceed.
Personal service is preferred: a neutral person physically hands the documents to the tenant. That person has to be a professional process server, a sheriff’s deputy, or another adult not involved in the case. You cannot serve the papers yourself. After delivery, the server files a proof of service with the court confirming date, time, and method.
When personal service fails after multiple attempts on different days and times, most jurisdictions allow substituted service: leaving the papers with another adult at the tenant’s home or workplace, then mailing a copy. The server documents each failed attempt in a sworn statement. As a last resort, some courts permit posting on the door combined with mailing. Posting-only service usually triggers a longer response deadline for the tenant, because the court treats it as less reliable.
The Military-Status Affidavit
Before any court enters a default judgment in an eviction case, you have to file a sworn affidavit stating whether the tenant is in military service.2Office of the Law Revision Counsel. United States Code Title 50 – 3931 Protection of Servicemembers Against Default Judgments If you can’t determine status, the affidavit must say so, and the court may require you to investigate further before proceeding. A default judgment entered without this affidavit can be set aside. The Department of Defense runs an online database that returns a definitive answer, but you need the tenant’s Social Security number or date of birth to run the check.
The Servicemembers Civil Relief Act also blocks eviction of an active-duty servicemember or their dependents without a court order when the monthly rent is $9,812 or less (the 2026 adjusted threshold).3Office of the Law Revision Counsel. United States Code Title 50 – 3951 Evictions and Distress If military service has materially affected the tenant’s ability to pay, the court must stay the proceedings for up to 90 days or longer if justice requires, and may adjust the rent obligation during the stay. These protections apply regardless of state law.
What Happens After You File
Once served, the tenant has a limited window to file a written response or appear, commonly five to twenty days depending on jurisdiction. If the tenant does nothing, you can ask the court for a default judgment, which is the fastest path to a judgment for possession. The court will confirm that service was properly completed before entering default; sloppy service means no default no matter how unresponsive the tenant. Some states also give tenants a short window to ask the court to set aside a default by showing good cause, such as never actually receiving the papers. That’s one reason experienced landlords insist on personal service even though it costs more.
If the tenant answers or shows up, the court schedules a hearing, typically two to four weeks after filing, though urban backlogs stretch that. Hearings are usually short and informal compared to a full civil trial. Bring the original lease, records of all rent payments and missed payments, copies of every notice served with proof of service, photographs of any property damage, and any written communications with the tenant. If the judge finds the grounds valid and the procedure clean, the court enters a judgment for possession, often with a money award for unpaid rent, late fees, and court costs. If your evidence falls short or the tenant proves a defense such as improper notice, uninhabitable conditions, retaliation, waiver by accepting rent after the notice, or discrimination, the judge dismisses the complaint. You can usually refile after fixing the underlying problem, but you start the notice process over.
A judgment for possession doesn’t put the tenant on the street the same day. Most jurisdictions give the tenant a grace period of five to fourteen days to move voluntarily. If they stay past that, you go back to court and request a writ of possession (sometimes called a writ of restitution or writ of execution), which authorizes law enforcement to remove the tenant. A sheriff or constable posts a final notice at the property, usually giving 24 to 48 hours, then returns to supervise the lockout. From requesting the writ through physical removal commonly takes one to two weeks, and law enforcement charges a fee for executing it, often $90 to $270.
Do Not Attempt a Self-Help Eviction
Every state prohibits self-help evictions: changing the locks, shutting off utilities, removing doors or windows, or putting a tenant’s belongings on the curb without a court order. A tenant who is illegally locked out can sue for actual damages including temporary housing, lost or damaged belongings, lost wages, and moving expenses. Many states add statutory or punitive damages on top, and some treat self-help eviction as a criminal offense with fines and jail time. Police in many areas will intervene to restore access while an illegal lockout is in progress. Even threatening to change the locks or cut off utilities can create liability, and a judge who learns about an attempted self-help eviction becomes far less sympathetic when the proper complaint eventually lands in front of them.