leasing

actual eviction

Actual eviction is the legal process by which a landlord removes a tenant from the property, usually for nonpayment of rent or other lease violations. The landlord must give required notice, file a court action, and obtain a judgment; then a law enforcement officer carries out the removal. Self-help measures such as changing locks or shutting off utilities are prohibited in most states. Notice periods and procedures vary by state.

Exam tip
Contrast actual eviction (landlord removes tenant through court) with constructive eviction (landlord's failure makes the property unusable, so tenant leaves).
Example
A tenant stops paying rent for three months; the landlord serves notice, wins a court judgment, and a sheriff removes the tenant.

Related terms & state variants

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Last verified: 2026-10-23