After the Notice Expires — Filing the Complaint
Once your notice period has expired and the tenant hasn't complied — they didn't pay, didn't fix the violation, or didn't vacate — you can file an eviction complaint with your local court. This is sometimes called an "unlawful detainer" action, a "forcible entry and detainer," or simply an eviction filing depending on your state's terminology.
Filing happens at the court that has jurisdiction over the property's location, which is typically a small claims court, justice court, district court, or housing court depending on your state and county. Call the clerk's office or check their website to find out exactly where to file and what forms are required.
The filing usually requires a completed complaint form listing the parties, the property address, the reason for eviction, and the relief you're seeking (possession of the property and potentially a money judgment for unpaid rent). You'll also need to submit a copy of the notice you served, proof of service, and a copy of the lease agreement. Filing fees range from $30 to $300 depending on jurisdiction.
Step 1: File the Complaint
Submit the complaint form, copies of the notice and lease, proof of service, and the filing fee to the appropriate court. The clerk will assign a case number and schedule a hearing date.
Step 2: Serve the Summons
The court issues a summons that must be delivered to the tenant, notifying them of the hearing date and their right to respond. Service must be performed by someone other than you — usually the sheriff, a process server, or another adult who is not a party to the case.
Step 3: Wait for the Hearing
The tenant has a specified number of days to file a response or answer. The hearing date is typically set 1-4 weeks after filing depending on jurisdiction and court backlog.
Step 4: Attend the Hearing
Present your case to the judge with your evidence. The tenant has the opportunity to present their defense. The judge rules based on the evidence and the law.
Step 5: Receive Judgment
If the judge rules in your favor, you receive a judgment for possession (and potentially a money judgment). If the judge rules against you, the case is dismissed and the tenant stays.
Serving the Summons
After you file the complaint, the court issues a summons — a formal document that notifies the tenant about the lawsuit and tells them when and where to appear. The summons must be served on the tenant properly, and you cannot serve it yourself.
Acceptable service methods for the summons typically include personal service by a sheriff's deputy or licensed process server, posting and mailing in some states if personal service fails, and substituted service (serving another adult at the property) in certain jurisdictions. The rules for summons service are often stricter than the rules for notice service, so verify your court's requirements.
If the tenant can't be found and personal service fails, most states have a procedure for alternative service — usually posting on the door combined with mailing. This requires documenting the failed attempts at personal service first. Courts take summons service seriously because it's a constitutional due process requirement — the tenant must have adequate notice of the legal proceeding against them.
Preparing for the Hearing
The eviction hearing is where your case is won or lost. Preparation is everything. Most eviction hearings are brief — often 15 to 30 minutes — so you need to present your case clearly and efficiently.
Bring organized copies of everything: the lease agreement, the notice you served with proof of service, your rent payment records showing the delinquency or your documentation of the lease violation, any communication with the tenant (texts, emails, letters), photos if relevant (property damage, violation evidence), and any witness statements. Bring originals and copies — one set for the judge, one for yourself.
When you present your case, be factual and unemotional. Judges hear eviction cases all day. They want the facts: here's the lease, here's the violation, here's the notice I served, here's proof I served it correctly, the notice period expired, the tenant didn't comply, I'm asking for possession. That's it. Don't editorialize about what a terrible tenant they are. Let the evidence speak.
Common hearing mistakes: Showing up without the original lease. Not having proof of notice service. Getting emotional or argumentative. Failing to bring payment records. Not being able to explain the timeline clearly. Any of these can cost you the case even if you're in the right.
Tenant Defenses You Might Face
The tenant has the right to present a defense, and knowing what they might argue helps you prepare. Common defenses in eviction cases include improper notice (wrong type, wrong timeframe, wrong service method), landlord's failure to maintain habitable conditions (the "implied warranty of habitability" defense), retaliatory eviction (claiming you're evicting them for complaining about repairs or exercising a legal right), discrimination based on protected class status, and payment disputes (claiming they paid or that the amount on the notice was wrong).
The habitability defense is particularly powerful in many states. If the tenant can show that you failed to make essential repairs — heat, plumbing, structural issues, pest infestations — the court may reduce the rent owed, delay the eviction, or dismiss the case entirely. This is why maintaining your properties and documenting repair requests and responses is critical even when you're not thinking about eviction.
Retaliatory eviction claims are also common. If you served the eviction notice within a certain time period after the tenant complained about conditions, filed a complaint with a government agency, or exercised a legal right, many states presume the eviction is retaliatory. You would then need to prove the eviction is based on legitimate grounds unrelated to the tenant's protected activity.
Default Judgments
If the tenant doesn't file a response to the complaint and doesn't show up to the hearing, you can request a default judgment. This means the court rules in your favor automatically because the tenant didn't contest the case.
Default judgments are the fastest and easiest outcome for landlords. You still need to present your basic case — show the lease, the notice, and proof of service — but without the tenant there to argue, it's usually straightforward. However, some courts in some states will still require you to prove your case even in a default, so come prepared regardless.
Be aware that default judgments can sometimes be overturned if the tenant later shows they had a valid reason for not appearing (hospitalization, military service, never actually receiving the summons). This is relatively rare but it happens, so don't assume a default judgment is guaranteed to stick.
What Happens If You Lose
If the judge rules against you, the case is dismissed and the tenant stays. You typically cannot re-file on the same grounds unless circumstances change — for example, if you lost because of a procedural error, you can fix the error and file again. If you lost on the merits, you may need to wait until a new violation occurs.
Losing an eviction case can also have financial consequences. In some states, if the court finds the eviction was filed in bad faith, retaliatory, or frivolous, you may be ordered to pay the tenant's attorney fees and court costs. In extreme cases, the tenant may have grounds for a separate wrongful eviction lawsuit.
The best way to avoid losing is to make sure you have valid legal grounds, serve the correct notice type using the right method, wait the full notice period before filing, and bring complete documentation to the hearing. Most landlords who lose didn't lose on the facts — they lost on the process.
Eviction court procedures and timelines vary dramatically from state to state. Compare eviction laws across states to understand the specific filing requirements, hearing timelines, and tenant protections that apply in your jurisdiction before you file.