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