DocketXEviction
Eviction is the legal process a landlord uses to remove a tenant from a rental property when the tenant has violated the lease or stayed beyond the rental term.
What it actually is
In a court case, eviction is a formal legal action, often called an unlawful detainer or summary possession proceeding, where the landlord asks the court to order the tenant to leave. It typically begins with a written notice to the tenant, and if the tenant does not vacate, the landlord files a complaint in court. The case then proceeds to a hearing where the judge decides whether the landlord has the right to possession of the property.
Why it matters in your case
If you are facing an eviction case, the outcome determines whether you must leave the property and how quickly that can happen, potentially involving a sheriff or constable removing you. Understanding the process helps you prepare your defense and know your rights to contest the landlord's claims, such as alleging improper notice or retaliatory eviction.
The common misunderstanding
A common misunderstanding is that a landlord can immediately lock a tenant out or remove belongings without a court order, but eviction legally requires a court judgment and official enforcement. Another confusion is that eviction is automatic after a notice expires, whereas the tenant has the right to appear in court and present a defense.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.