Eviction Process
Reviewed by DocDraft Legal Team - United States - Last updated November 11, 2026
The eviction process is how a landlord recovers a rental through the courts after the notice period ends and the tenant has not left. In the five states covered here it runs as a court case with its own name: unlawful detainer in California, an eviction suit in a Texas justice court, an action for possession in Florida county court, a summary proceeding in New York and a dispossessory proceeding in Georgia. The steps are similar: notice, filing, service, the tenant's response, the hearing, the judgment, and a writ that an officer enforces. The deadlines between those steps differ sharply by state, so the state guide controls an actual filing.
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How does the eviction process work?
A landlord first gives the notice the state requires. If the tenant stays after the notice period, the landlord files a court case, has the papers served, and the tenant responds. If the landlord wins, the court issues a writ or warrant that an officer, such as a sheriff or marshal, enforces under the state's rules.
How long does a tenant have to respond to an eviction case?
It depends on the state: 10 days after service in California, excluding weekends and judicial holidays; 5 days after service in Florida; seven days from actual service in Georgia. A New York tenant can answer at the hearing outside RPAPL 732 cases, and Texas's Rule 510, rewritten for 2026 cases, makes a written answer optional; confirm with the justice court.
What happens after a landlord wins an eviction case?
The court issues a writ of possession or a warrant of eviction, and an officer enforces it. A set notice comes first in Florida (24 hours), Texas (at least 24 hours after a posted warning), California (five days after the writ is served) and New York (at least fourteen days); the Georgia guide covers its rules.
Can a landlord lock out a tenant instead of going to court?
In California, Texas, Florida and New York, statutes bar lockouts and utility shutoffs with exceptions and limits each statute spells out, and they give tenants money remedies such as damages or civil penalties. In these states, removal runs through the court case and an officer enforcing the judgment. Check your state guide for its rule.
What changes from state to state
In the five states covered here, eviction is a court process, and the details that decide how long it takes change at every step. The name of the case and the court differ: California files unlawful detainer cases in Superior Court, Texas files eviction suits in the justice court of the precinct where the property is, Florida files actions for possession in county court, New York brings summary proceedings, and Georgia starts a dispossessory proceeding with a sworn affidavit. Who may serve the papers differs too: Texas uses only a sheriff or constable under Rule 510 as rewritten for cases filed on or after January 1, 2026 (confirm with the justice court), Georgia uses the sheriff or a constable, and California lets any adult who is not part of the case serve but never the landlord. Response rules vary: an optional written answer in Texas under Rule 510 as rewritten for 2026 cases (confirm with the justice court), 5 days in Florida, seven days in Georgia, and 10 days excluding weekends and judicial holidays in California. Several states make a tenant pay rent into the court to keep certain defenses or to stay during an appeal. In California, Texas, Florida and New York the process starts with a pre-suit notice, and Georgia's starts with a demand for possession; the notice to vacate guide covers that step, and tenants facing a case can use the eviction defense page.
Relevant Laws
California Code of Civil Procedure 1159 and following
California's unlawful detainer statutes, including the response time in section 1167: 10 days after service, excluding weekends and judicial holidays.
Texas Property Code chapter 24
Texas eviction suits in justice court, the writ warning and rent on appeal.
Florida Statutes 83.59
Florida actions for possession in county court under the summary procedure of section 51.011.
New York RPAPL 731
New York summary proceedings commenced by petition and notice of petition.
Regional Variances
Eviction process in five states
California
Unlawful detainer in Superior Court; response within 10 days after service, excluding weekends and judicial holidays (CCP 1167(a)); occupants removed if not out within five days of service of the writ (CCP 715.010).
Texas
Eviction suit in the justice court of the precinct; only a sheriff or constable serves and trial is 10 to 21 days after filing under Rule 510 as rewritten for 2026 cases (confirm current text); writ executed no sooner than 24 hours after a posted warning (Property Code 24.0061).
Florida
Action for possession in county court; answer within 5 days after service (Fla. Stat. 51.011); rent into the registry, or a motion to determine rent, within 5 days, excluding weekends and legal holidays, for defenses other than payment (83.60(2)); 24 hours' posted notice before the sheriff acts (83.62).
New York
Summary proceeding; notice of petition issued only by an attorney, judge or clerk; served 10 to 17 days before the hearing outside section 732 cases (RPAPL 733); at least fourteen days' notice before the warrant is executed (RPAPL 749).
Georgia
Dispossessory proceeding started by sworn affidavit; answer within seven days from actual service, later if the seventh day is a weekend or holiday (O.C.G.A. 44-7-51); writ effective seven days after judgment at trial, except as the appeal rules provide (44-7-55); confirm current timing with the clerk.
Suggested Compliance Checklist
Serve the required eviction notice
Before filing days after startingPrepare the notice your state requires and keep proof of when and how it was delivered.
Confirm the court and case type
Before filing days after startingUse your state guide to confirm the court for the property's location and the case name and papers it requires.
File and arrange proper service
After the notice period days after startingFile the case and have the papers served by a person or officer your state allows.
Track the response and hearing dates
Per your state's rules days after startingCalendar the tenant's response deadline, the hearing and any rent-into-court deadline.
Request the writ after judgment
When your state's rules allow days after startingRequest the writ or warrant; an officer enforces it under your state's rules, which in some states require a set notice first.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Serve the required eviction notice | Prepare the notice your state requires and keep proof of when and how it was delivered. | eviction-notice | Before filing |
| Confirm the court and case type | Use your state guide to confirm the court for the property's location and the case name and papers it requires. | - | Before filing |
| File and arrange proper service | File the case and have the papers served by a person or officer your state allows. | - | After the notice period |
| Track the response and hearing dates | Calendar the tenant's response deadline, the hearing and any rent-into-court deadline. | - | Per your state's rules |
| Request the writ after judgment | Request the writ or warrant; an officer enforces it under your state's rules, which in some states require a set notice first. | - | When your state's rules allow |
Frequently Asked Questions
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