Evicting a tenant isn’t just about changing the locks or sending a letter—it’s a legal process with rules that landlords can’t afford to overlook. And when the tenant is an active-duty service member, the stakes are even higher. One wrong move, and you could be staring down penalties for violating the Servicemembers Civil Relief Act (SCRA), a federal law that shields military tenants from certain legal actions, including eviction, without proper verification and court approval.
This isn’t just about following the law. It’s about protecting your rental property while respecting tenant rights. Whether you’re dealing with rent default, a lease violation, or tenant noncompliance, getting the eviction process right from the start matters.
So, what exactly does a legal eviction look like, and how can you avoid mistakes that could cost you time, money, and reputation?
Here’s what every landlord needs to know before filing that first document.
6 Steps to Follow When Filing an Eviction
1. The Legal Grounds for Eviction
Not every dispute with a tenant qualifies for eviction, and assuming so can put you in a tough legal spot. The first thing you need to establish is whether your reason for pursuing eviction is recognized under your state’s housing laws.
These reasons usually fall into a few key categories, like rent nonpayment, property damage, or a clear lease violation. For example, if your rental agreement states that pets aren’t allowed and your tenant brings one in, that could constitute grounds for eviction, but only if your lease terms are airtight.
It's not just about what feels fair to you as a landlord. Eviction is a legal procedure, and filing without proper cause can result in your case being thrown out of housing court. Worse, it might open the door to a wrongful eviction lawsuit. Before you initiate legal action, take time to revisit your lease terms and ensure that your reason for eviction aligns with what the law considers valid.
2. Verify the Tenant’s Military Status
You might be ready to file, but have you confirmed whether your tenant is serving in the military? This isn’t a box you can afford to skip. The Servicemembers Civil Relief Act doesn’t just recommend that landlords check military status—it requires it. Active-duty tenants are granted protections that can delay or even block an eviction unless the proper legal steps are taken.
Imagine serving court papers only to discover the tenant is deployed overseas. Without judicial approval, that eviction could be ruled unlawful, and you might find yourself facing serious legal consequences. That’s why verifying military status is a non-negotiable part of the tenant eviction process.
Before moving forward with eviction, make sure to obtain the certification of military service, a key legal step to confirm whether the tenant is protected by the SCRA. This document confirms if your tenant is currently serving, helping you avoid delays, legal pushback, or even a dismissal in court. It’s a small step that brings clarity to a complicated process and gives you the green light to proceed without risking a violation of federal housing laws.
3. Provide Proper Notice to the Tenant
Sending notice might feel like a routine task, but in the world of evictions, it carries real legal weight. You’re not just alerting the tenant, you’re setting the foundation for everything that follows in the courtroom. One missed detail or wrong delivery method could derail the entire case before it begins.
This notice must include all the key facts. That means the tenant’s full name, the property’s address, the reason for eviction, such as a lease violation or rent default, and the timeline for moving out. If your tenant happens to be on active duty, things get more complicated. Under the SCRA, courts can delay an eviction hearing for months if military service has interfered with their ability to pay rent.
To stay compliant, your notice must meet the legal standards set by your state and match the terms outlined in your rental agreement. Think of it as your first formal step in the legal eviction process, which must be done right.
4. File the Eviction with the Court
There’s a point where patience and paperwork intersect, and that’s when you officially take your case to court. If your tenant hasn’t responded to the notice or resolved the issue, the next step is no longer optional. You now need the court’s involvement to continue the eviction process legally and effectively.
Start by filing a formal petition at your local housing court. Make sure you’ve gathered every supporting document you’ll need: your rental agreement, the eviction notice, proof of nonpayment or lease violation, and military verification if applicable. Courts look closely at these materials to decide if your claim has legal weight.
When the tenant is on active duty, courts are extra cautious. You’ll need to demonstrate that all requirements under the Servicemembers Civil Relief Act have been met. In cases like these, it’s smart to speak with an attorney who understands landlord legal duties and how housing laws interact with federal protections. A well-prepared case gives you the best chance for a smooth eviction hearing.
5. Attend the Eviction Hearing
The courtroom isn’t just the final step in the process—it’s where everything you’ve done so far gets put under a microscope. From the moment you walk in, your preparation speaks volumes. This is your chance to explain why the eviction is legally justified, backed by documents and clear facts.
The judge will expect to see a full timeline of events, from the lease agreement to the notice you served and your efforts to verify military status if it applies. If you’re evicting due to rent default, be ready to show payment records. For a lease violation, bring photos, written communication, or witness statements that support your claim.
It’s not just about telling your side. It’s about showing that you followed every legal procedure, especially if the SCRA applies. The court needs to see that your actions respected both local housing laws and federal protections. If your preparation is solid, the decision often speaks for itself.
6. Obtain a Judgment and Follow Through with Eviction
Getting a court decision in your favor might feel like the finish line, but there’s one final step that seals the process. Once a judge grants the eviction, you’re legally cleared to take back possession of your rental property, but only by following through exactly as instructed.
The court will issue a formal eviction order, which is your official go-ahead. At this point, enforcement isn’t in your hands. You’ll need to coordinate with the local sheriff or designated law enforcement agency to carry out the physical removal if the tenant hasn’t already left.
Make sure you stick to the timeline and procedures outlined by the court. Rushing the process or acting independently could undo all your efforts and expose you to legal risk. This last stage is about finishing strong by staying compliant, respectful, and fully within the bounds of the law.
Conclusion
Evictions aren’t just legal procedures. They’re a test of how well you understand and follow the rules that govern rental housing. Each decision you make, from delivering notice to verifying a tenant’s military status, adds weight to your case. Skip a step, and you risk losing more than time—you risk your credibility in court.
For landlords, especially those dealing with military tenants, precision matters. SCRA compliance, proper documentation, and strict adherence to court timelines are not optional. They’re the difference between a process that resolves cleanly and one that spirals into costly delays. Handle each phase with care, and the results will follow.
