Unlawful detainer

The formal lawsuit landlords file to get an eviction order from the court. Names vary by state, but the process is similar: file, serve, hearing, judgment.

Rental & property management · Updated September 2026

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Part 1 of 4

Why a seller cares

Unlawful detainer is the lawsuit that turns a notice into an order, and it runs on the court's schedule. A seller who needs a tenant out before closing is working to that schedule, not to the contract's.

Part 2 of 4

A simple example

The notice period passes and the tenant stays. An unlawful detainer is filed, served, heard in three weeks, and the sheriff's lockout follows two weeks later.

Unlawful detainer: a simple example
The stepHow long it tends to take
Filing and serviceDays to a week
The hearingWeeks, depending on the court
The sheriff's action after judgmentOne to several weeks more

Unlawful detainer is the eviction's court case, and courts are not in a hurry.

Part 3 of 4

What people get wrong

That a judgment means the tenant leaves that day. The sheriff carries it out, on the sheriff's calendar.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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