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Your tenant violated the lease

Landlord eviction guide — notice, filing, service, and next steps
Landlord eviction guide — notice, filing, service, and next steps
Lease-violation cases turn on documentation and on the notice type your state requires — often a cure-or-quit notice giving the tenant a chance to fix the problem before you can file.
On this page
  1. Document the violation first
  2. Check what your lease actually says
  3. Notice type matters more here
  4. Some violations are treated differently
  5. Then the standard path

Document the violation first

Dates, photographs, correspondence, complaints from other residents, inspection reports. A violation you can describe but not prove is not a case.

Check what your lease actually says

The violation has to breach a term the lease actually contains. Generic 'community standards' language is weaker than a specific clause.

Notice type matters more here

Many states require a cure-or-quit notice for curable violations — the tenant gets a period to fix it. Filing before that period runs is premature and the case gets dismissed.

Some violations are treated differently

Serious violations may allow a shorter process in some states. This varies enormously and is worth a lawyer's read before you rely on it.

Then the standard path

File, serve, hearing, judgment, writ, setout. Lease-violation cases are contested more often than non-payment cases, so expect the hearing to matter more.

The short version

  • Document before you notice — photos, dates, correspondence
  • The violation must breach a specific lease term
  • Curable violations usually require a cure-or-quit notice first
  • These get contested more often than non-payment cases
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

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