To legally kick someone out of your house, you almost always have to serve written notice and, if they refuse to leave, file an eviction lawsuit and let the sheriff remove them. That is true even when the person has no lease, pays no rent, and was never really invited to stay past a certain point. Once someone has lived in your home long enough to establish residency, most states treat them as a tenant, and changing the locks or putting their things on the curb yourself can turn you into the defendant in a lawsuit.
First, Figure Out If They Are a Guest or a Tenant
This is where most people go wrong. You let someone stay “for a while,” and weeks later they have legal protections you never meant to grant. In many states, a guest becomes a tenant after living in the property for a set number of consecutive days, typically somewhere between 14 and 30. Other states look at different signals: whether the person gets mail at the address, contributes to rent or household expenses, keeps their belongings there, or has listed the address on official documents like a driver’s license.
No written lease is required. An oral agreement, or even an implied one, can create a tenancy. If someone has been in your home more than a couple of weeks, assume they have tenant rights until you confirm otherwise with a local attorney or your state’s landlord-tenant statute.
Short-term guests who have not established residency are different. You can ask them to leave, and if they refuse, you can call the police. But once residency is arguably established, officers will usually decline to get involved and tell you it is a civil matter that requires an eviction.
Family Members, Adult Children, and Ex-Partners
The law does not care about the relationship. An adult child who won’t move out, a sibling who overstayed, an ex who refuses to leave after a breakup, a friend crashing on the couch who never left: if they have been living in your home long enough to establish residency, they hold tenant rights whether or not they pay rent or signed anything, and you have to follow the same notice-and-eviction process that applies to any other occupant.
One important exception applies when domestic violence, stalking, or harassment is involved. In that case, you may be able to get a protective or restraining order from a court that requires the other person to vacate immediately, without the normal eviction timeline. Every state has an emergency protective order process, and many courts can issue one within 24 to 48 hours. If you feel unsafe, contact your local courthouse or a domestic violence hotline before attempting anything else.
Try a Cash-for-Keys Deal Before Court
Before spending weeks in court, consider whether the person will leave voluntarily for a modest payment. It sounds backwards to pay someone to leave a house they have no right to stay in. But eviction lawsuits cost money and take time, and a few hundred to a few thousand dollars, paired with a firm move-out date, often ends the situation faster and cheaper than litigation.
Put it in writing. The document should state the amount, the exact date the person will be out, and a clear acknowledgment that they give up any claim to remain. Both parties sign. A handshake gives you nothing to enforce if they take the money and stay; a signed agreement dramatically strengthens your position if you do end up in court.
Serve the Right Written Notice
When negotiation fails or isn’t appropriate, the formal process starts with a written notice. The type depends on why you want the person out.
- A notice to quit or vacate is used when you want a month-to-month tenant or at-will occupant to leave for any reason, or for no reason in states that allow it. The required period runs from 30 to 90 days depending on the state, with 30 days being the most common.
- A pay-rent-or-quit notice is used when a tenant has fallen behind. Most states require three to five days’ notice before you can file for eviction.
- A cure-or-quit notice is used when a tenant has violated a lease term other than rent, giving them a set number of days to fix the problem or move out.
- An unconditional quit notice is used in serious situations like illegal activity on the premises, and some states allow it with no chance to cure.
Delivery matters as much as the notice itself. Acceptable methods vary by jurisdiction but generally include personal hand delivery, posting on the door combined with mailing a copy, or certified mail. Sloppy delivery is one of the most common reasons eviction cases get thrown out. If you can’t prove the occupant received it, a judge may make you start over. Keep a copy, photograph it if you post it, and save any certified mail receipts.
File the Eviction Lawsuit
If the occupant doesn’t leave by the deadline in your notice, you file an eviction lawsuit, called an unlawful detainer action in many states. You file a complaint at your local court explaining why you are entitled to possession. The court issues a summons, and both documents have to be formally served on the occupant, who becomes the defendant.
The defendant usually has a short window to respond, often five to ten business days. If they file an answer, the court schedules a hearing where both sides present evidence. You have the burden of proof, so bring everything: a copy of the notice, proof of how it was delivered, any lease or written agreement, records of unpaid rent, photographs, and any relevant communications. If the occupant doesn’t respond at all, you can usually get a default judgment. Either way, if you win, the court enters a judgment for possession.
Let the Sheriff Handle the Lockout
A judgment for possession does not mean you can go home and change the locks. You have to get a writ of possession, called a writ of restitution in some jurisdictions, which authorizes law enforcement to physically remove the occupant. The court typically issues the writ a few days after judgment, and it is valid for a limited period.
A sheriff, constable, or marshal then schedules the actual eviction. The occupant usually gets a final notice, often 24 to 48 hours, before the officer arrives. On the scheduled date, the officer oversees the removal, a locksmith typically changes the locks while the officer is still present, and the eviction is considered complete. After that, a former occupant who comes back without permission is a trespasser, not a tenant.
What It Costs and How Long It Takes
Evictions are not free and not fast. Court filing fees alone typically run between $50 and $500 depending on the jurisdiction. A process server to deliver papers usually costs $65 to $150. Attorney fees range from a few hundred dollars for a straightforward uncontested case to several thousand if the occupant fights back. All told, the average contested eviction costs the property owner around $3,500 once you factor in legal fees, lost rent, and court costs.
Timeline depends on the state and whether the case is contested. In the fastest jurisdictions, an uncontested eviction can wrap up in about five weeks from the initial notice to the lockout. Contested cases in tenant-friendly jurisdictions can drag on for several months. That long stretch is exactly why a cash-for-keys deal is worth trying first.
Do Not Try to Force Them Out Yourself
Self-help evictions are illegal in virtually every state. That includes changing the locks while the occupant is out, removing their belongings, shutting off electricity or water, taking off doors or windows, or threatening or intimidating them into leaving.
The consequences are real. Courts routinely award damages to occupants who have been illegally locked out, including compensation for temporary housing, damaged or lost belongings, emotional distress, and attorney fees. Many states also allow punitive damages or statutory penalties on top of actual losses. In some jurisdictions, a self-help eviction can bring criminal charges, including fines and jail time. Owners who take matters into their own hands often end up paying far more than a proper eviction would have cost, and they may be ordered to let the occupant back in while the legal process starts over.
When You Can Actually Call the Police
Criminal trespass is not a shortcut around eviction. You generally cannot have someone arrested for trespassing if they have been living in your home and have any arguable claim to residency. Police will tell you to go through the courts.
Trespass becomes relevant after the eviction is done. Once a court has entered a judgment for possession and the writ has been executed, the former occupant has no legal right to be on the property. If they come back or refuse to leave after the sheriff has carried out the eviction, that is criminal trespass. At that point you can call law enforcement, show them the eviction order, and the person can be removed and potentially charged. Penalties vary by jurisdiction and can include fines, community service, or jail time.
Extra Rules If the Person Is an Active-Duty Servicemember
If your occupant is an active-duty servicemember or the dependent of one, federal law adds requirements before you can proceed. The Servicemembers Civil Relief Act prohibits evicting a servicemember from a residence without a court order when the monthly rent falls below a threshold that is adjusted annually for inflation. The base amount set by the statute is $2,400, but with housing-price adjustments the effective limit reached $9,812.12 per month as of 2024. The Department of Defense publishes the updated figure in the Federal Register each year.
When the SCRA applies, the court can stay eviction proceedings for at least 90 days if the servicemember’s ability to pay rent has been materially affected by military service, and the judge can extend that period further. Knowingly evicting a covered servicemember without following these procedures is a federal misdemeanor punishable by up to one year in prison.
What to Do With Belongings They Leave Behind
After the eviction, you will often find things the former occupant left. You cannot just throw them out. Most states require you to store abandoned property for a set period, typically 7 to 30 days, and to notify the former occupant in writing that they can pick it up. Some states require you to allow retrieval without charging storage during the initial period; others let you charge reasonable storage costs.
If the property is not claimed within the required window, most states allow you to sell or dispose of it. Sale proceeds are generally applied first to unpaid rent and storage costs, with any surplus held for the former occupant or turned over to local government. The rules vary enough state to state that this is worth looking up before you act. Disposing of someone’s belongings too quickly or without proper notice can create liability even after you have won the eviction.