---
title: Landlord-Tenant Eviction Law
description: An overview of the legal standards and procedures for landlords to evict tenants in the United States.
keywords: [landlord, tenant, eviction, unlawful detainer, lease, housing]
category: law
---

## Introduction to Landlord-Tenant Eviction Law

Landlord-tenant law governs the legal relationship between owners of residential or commercial property (landlords) and those who rent and occupy that property (tenants). A fundamental aspect of this area of law is the process by which a landlord may lawfully remove a tenant from the leased premises, commonly referred to as "eviction." The eviction process is heavily regulated by state and local laws, which establish the specific grounds, notice requirements, and judicial procedures that landlords must follow to regain possession of their property.[^1] Failure to strictly comply with these statutory mandates can result in the landlord being liable for damages or other penalties.[^2]

[^1]: See, e.g., Cal. Civ. Code § 1940 et seq.; N.Y. Real Prop. Acts. Law § 701 et seq.
[^2]: See, e.g., Jimenez v. Lee, 274 Cal. Rptr. 449 (Cal. Ct. App. 1990).

## Grounds for Eviction

The primary grounds upon which a landlord may initiate eviction proceedings against a tenant are: (1) nonpayment of rent; (2) violation of a material term of the lease agreement; and (3) expiration of the lease term.[^3] With respect to nonpayment of rent, the landlord must typically provide the tenant with written notice demanding payment within a statutorily-prescribed period (e.g., 3, 5, or 30 days) before filing an eviction lawsuit.[^4] For lease violations, the notice period may vary depending on the nature of the breach, but is generally shorter than for nonpayment (e.g., 3-30 days).[^5] When the lease term has expired and the tenant remains in possession without the landlord's consent, the landlord can proceed directly to file an eviction action without any prior notice.[^6]

[^3]: See, e.g., Cal. Civ. Code § 1161; N.Y. Real Prop. Acts. Law § 711.
[^4]: See, e.g., Cal. Civ. Code § 1161(2); N.Y. Real Prop. Acts. Law § 711(2).
[^5]: See, e.g., Cal. Civ. Code § 1161(3); N.Y. Real Prop. Acts. Law § 711(1).
[^6]: See, e.g., Cal. Civ. Code § 1161(1); N.Y. Real Prop. Acts. Law § 711(1).

In addition to these primary grounds, landlords may also be able to evict tenants for engaging in illegal activities on the leased premises, causing a nuisance or substantial damage to the property, or making unauthorized assignments or sublettings of the lease.[^7] The specific notice periods and procedural requirements for these other grounds will vary by jurisdiction.

[^7]: See, e.g., Cal. Civ. Code § 1161(4); N.Y. Real Prop. Acts. Law § 711(5), (6).

## The Eviction Lawsuit

To commence the formal eviction process, the landlord must file a special civil lawsuit known as an "unlawful detainer" action in the appropriate court.[^8] This lawsuit seeks a court order, or "writ of possession," directing the tenant to vacate the property. The landlord bears the burden of proving the grounds for eviction by a preponderance of the evidence.[^9] The tenant will have the opportunity to contest the eviction by raising affirmative defenses, such as the landlord's failure to properly serve notice, the landlord's breach of the warranty of habitability, or the tenant's status as a victim of domestic violence.[^10]

[^8]: See, e.g., Cal. Civ. Proc. Code § 1159 et seq.; N.Y. Real Prop. Acts. Law § 701 et seq.
[^9]: See, e.g., Moskovitz v. Mt. Shasta Power Corp., 655 P.2d 1061 (Cal. 1982).
[^10]: See, e.g., Cal. Civ. Code § 1942.5; N.Y. Real Prop. Law § 227-c.

If the landlord prevails, the court will issue a judgment of possession in the landlord's favor. The tenant will then be given a short period of time (typically 5-30 days) to vacate the premises voluntarily.[^11] If the tenant fails to do so, the landlord can request that the court issue a writ of possession, which authorizes the sheriff or other law enforcement to physically remove the tenant and their belongings from the property.[^12]

[^11]: See, e.g., Cal. Civ. Proc. Code § 1174(a); N.Y. Real Prop. Acts. Law § 731(1).
[^12]: See, e.g., Cal. Civ. Proc. Code § 1174(h); N.Y. Real Prop. Acts. Law § 735.

## Damages and Other Remedies

In addition to regaining possession of the property, a landlord who prevails in an eviction lawsuit may also be entitled to recover certain damages from the tenant. These can include unpaid rent, the reasonable cost of repairs for damage to the property beyond normal wear and tear, and the landlord's attorney's fees and court costs.[^13] The landlord may also be able to obtain a monetary judgment against the tenant for the fair rental value of the property for the period of time the tenant remained in possession after the eviction judgment was entered.[^14]

[^13]: See, e.g., Cal. Civ. Code § 1174(b); N.Y. Real Prop. Acts. Law § 747.
[^14]: See, e.g., Salton Community Services Dist. v. Southard, 159 Cal. Rptr. 3d 41 (Cal. Ct. App. 2013).

In some cases, a tenant who is wrongfully evicted may be able to recover damages from the landlord for violations of applicable landlord-tenant laws. For example, a tenant may be entitled to recover damages if the landlord failed to properly serve the required notice, locked the tenant out without a court order, or retaliated against the tenant for exercising their legal rights.[^15] The amount of such damages can include the tenant's actual moving costs, the value of any property that was lost or destroyed, and compensation for the tenant's emotional distress.[^16]

[^15]: See, e.g., Cal. Civ. Code § 1942.5; N.Y. Real Prop. Law § 223-b.
[^16]: See, e.g., Moskovitz v. Mt. Shasta Power Corp., 655 P.2d 1061 (Cal. 1982).

## Conclusion

The eviction process is a complex and highly regulated area of landlord-tenant law that requires strict compliance with applicable statutes and judicial precedents. Landlords must carefully navigate the specific notice requirements, grounds for eviction, and procedural rules in order to successfully regain possession of their property. Tenants, in turn, have various defenses and remedies available to them if the landlord fails to follow the proper legal procedures. Understanding the nuances of landlord-tenant eviction law is essential for both parties to protect their respective rights and interests.