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Landlord guide

The mistakes that cost landlords the most

Courthouse exterior — eviction is a court process in every state
Courthouse exterior — eviction is a court process in every state
After ten thousand-plus completed evictions, the cases that go wrong go wrong for a short list of reasons — and almost all of them are avoidable before you ever file.
On this page
  1. Filing in the wrong court
  2. Notice given but not documented
  3. A ledger that doesn't reconcile
  4. Owner or agent name doesn't match
  5. Single-attempt service
  6. Late writ application
  7. Unstaffed execution window
  8. Any form of self-help
  9. Accepting rent at the wrong moment

Filing in the wrong court

Usually a property near a city or county boundary. Everything restarts.

Notice given but not documented

You made the demand. You can't prove how or when. The case fails at the hearing.

A ledger that doesn't reconcile

The amount claimed doesn't match the ledger, or includes charges the lease doesn't support. The judgment gets cut or the case gets continued.

Owner or agent name doesn't match

The filing name doesn't match the deed or the lease. Standing defect. Common on institutionally-held single-family.

Single-attempt service

One attempt, business hours, no escalation. The case sits for weeks.

Late writ application

Judgment entered and then nothing happens because nobody applied for the writ.

Unstaffed execution window

The slot opens and there's no crew, no locksmith, no disposal. Back in the queue.

Any form of self-help

Lockout, utility shutoff, removing belongings. Turns your case into their case.

Accepting rent at the wrong moment

In some states this undoes a termination or a pending case. Check before you deposit anything.

The short version

  • Seven of these nine are preventable with a checklist
  • The two most expensive are self-help and a defective notice
  • Most lost time is service and writ scheduling, not the court
State law controls. Eviction law is state law, and notice periods, forms, courts and timelines differ in every state — sometimes county to county within a state. This page explains how the process generally works. It is not legal advice and it is not a substitute for your state's actual rules.
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Landlord eviction checklist

The pre-filing checks that prevent most rejections. One page, free.

Common questions

Can I evict a tenant without going to court?

No. Every state requires a court process. Locking a tenant out, shutting off utilities or removing belongings without a court order is illegal self-help and exposes you to damages that often exceed the rent you were owed.

How long does an eviction take?

It depends on your state, your court's calendar and whether the tenant contests. Some stages are fixed by statute and some are logistics you control. Anyone giving you a guaranteed number of days without knowing your county is guessing.

Do I need a lawyer to evict a tenant?

Not always. Uncontested non-payment cases are routine. If the case is contested, involves a counterclaim, or raises habitability or discrimination issues, get a licensed attorney in your state.

What's the difference between a judgment and a writ?

A judgment says you won. A writ of possession is the separate court order that lets law enforcement actually put you back in the property. You have to apply for it — it isn't automatic.

All questions

Stop reading, start moving

If the property is in Georgia we can handle it end to end. If it isn't, we'll point you the right way.