Eviction glossary

Unlawful detainer (UD)

The formal name for an eviction lawsuit in California (and several other states). It is the court case a landlord files to recover possession after a notice period expires.

See: California process

Eviction / summary proceeding

A court process to remove a tenant and recover possession of a rental. It is called a summary proceeding because it moves faster than an ordinary lawsuit. Only a court and its officer can remove a tenant — self-help lockouts are unlawful.

See: How it works

Notice to vacate

The written notice a Texas landlord must deliver before filing, telling the tenant to leave by a stated deadline. The default statutory period is three days unless the lease says otherwise.

See: Texas process · Notice check

Notice to quit

A general term for the written notice that ends the tenancy or demands the tenant fix a problem before the landlord can file. Its required content and timing are set by each state's statute.

See: Free notice check

3-Day Notice to Pay or Quit

In California, the notice a landlord serves for unpaid rent giving the tenant three court days to pay the exact amount owed or move out. Overstating the amount can invalidate the notice.

See: California process

14-Day Pay or Vacate

In Washington, the notice for nonpayment that gives the tenant fourteen days to pay or move. Washington also requires the notice to include specific statutory language.

See: Washington process

Cure period

The window a notice gives a tenant to fix the problem — pay the rent or correct a lease violation — and stop the eviction. If the tenant cures in time, the case usually does not proceed.

Holdover tenant

A tenant who stays after the lease term ends or after a valid termination notice expires. Holdover cases are one of the common reasons landlords file.

See: Guides

Nonpayment of rent

The most common ground for eviction — the tenant has not paid rent that is due. The landlord must generally serve the correct pay-or-quit notice before filing.

Lease violation (breach)

A breach of the rental agreement other than nonpayment — for example unauthorized occupants, pets, or nuisance. Many violations require a notice to cure or quit before filing.

Just cause / no-cause termination

Whether a landlord needs a legally recognized reason to end a tenancy. Some places require just cause (for example California under AB 1482 and Seattle's just-cause ordinance); others allow no-cause termination with proper notice.

See: California process

Service of process

The legally required delivery of the lawsuit papers (summons and complaint or petition) to the tenant. Cases can be delayed or dismissed if service is not done correctly.

Complaint / Petition

The document that starts the eviction lawsuit and states the landlord's claim for possession. California and Washington call it a complaint; Texas calls it a petition.

Summons

The court's official notice to the tenant that a case has been filed and stating the deadline to respond.

Answer

The tenant's written response to the complaint or petition, which may raise defenses. If the tenant does not answer by the deadline, the landlord can often seek a default judgment.

Default judgment

A judgment the landlord can request when the tenant fails to respond or appear by the deadline. It is one of the faster paths to a judgment for possession.

Judgment for possession

The court's decision awarding the property back to the landlord. It is required before the court can issue the order that authorizes a lockout.

Writ of possession

The court order, issued after a judgment, that authorizes the constable or sheriff to remove the tenant and restore possession to the landlord. In Washington the equivalent is the writ of restitution.

See: Texas process

Writ of restitution

Washington's term for the court order that directs the sheriff to restore possession of the property to the landlord after judgment.

See: Washington process

Constable / Sheriff lockout

The final step, carried out only by a court officer after a writ issues, where the tenant is removed and the landlord gets the keys. Timing depends on the officer's schedule.

Stay of execution

A court order that temporarily pauses enforcement of the judgment or the lockout, sometimes granted to give a tenant a short additional period.

Rent ledger

A dated record of rent charged, paid, and owed. A clean ledger is one of the documents that helps a nonpayment case move without delay.

See: Start your case

SCRA (Servicemembers Civil Relief Act)

A federal law giving active-duty military tenants certain protections in eviction cases. Landlords generally must verify military status before seeking a default judgment.

Fee agreement (engagement letter)

The written contract between the client and the firm that sets the flat fee and scope and creates the attorney-client relationship. No relationship is formed until it is signed and accepted.

See: Pricing