Plain-English eviction guides for landlords Call (678) 300-5766
Home › Tenant Stopped Paying Rent
Landlord guide

Your tenant stopped paying rent

Landlord eviction guide — notice, filing, service, and next steps
Landlord eviction guide — notice, filing, service, and next steps
Start the clock immediately, but start it correctly. Send the notice your state requires, document how you delivered it, and reconcile your ledger before you file — those three things decide whether the case holds up.
On this page
  1. Do this first
  2. Then send the required notice
  3. Consider whether it should become an eviction at all
  4. Then file, serve, and follow through
  5. What not to do

Do this first

Reconcile the ledger. Know exactly what is owed, for what months, under which lease terms. A number you can't support is the most common reason judgments get cut or cases get continued.

Then send the required notice

Most states require a written demand or pay-or-quit notice before filing, with a set period. Deliver it provably. An undocumented notice is a case-killer.

Consider whether it should become an eviction at all

The cheapest eviction is the one that resolves before filing. If a payment plan is realistic, it usually beats a filing on pure economics. If it isn't, filing sooner is better than filing later.

Then file, serve, and follow through

File in the right court with the right parties. Get the tenant served — the clock runs from service. Then hearing or default, judgment, writ, setout.

What not to do

Do not change the locks. Do not shut off utilities. Do not remove belongings. Any of those turns your collection problem into a damages claim against you.

The short version

  • Reconcile the ledger before you do anything else
  • Send the required notice and document delivery
  • A payment plan sometimes beats a filing on economics — run the math
  • Never lock out, shut off utilities, or remove belongings
State law controls. Eviction law is state law, and notice periods, forms, courts and timelines differ in every state — sometimes county to county within a state. This page explains how the process generally works. It is not legal advice and it is not a substitute for your state's actual rules.
Working a real case right now?

Tell us where the property is

We handle cases directly in Georgia and can point you in the right direction elsewhere.

Need help with a real case?

Tell us where the property is and where the case stands.

Free download

Landlord eviction checklist

The pre-filing checks that prevent most rejections. One page, free.

Common questions

Can I evict a tenant without going to court?

No. Every state requires a court process. Locking a tenant out, shutting off utilities or removing belongings without a court order is illegal self-help and exposes you to damages that often exceed the rent you were owed.

How long does an eviction take?

It depends on your state, your court's calendar and whether the tenant contests. Some stages are fixed by statute and some are logistics you control. Anyone giving you a guaranteed number of days without knowing your county is guessing.

Do I need a lawyer to evict a tenant?

Not always. Uncontested non-payment cases are routine. If the case is contested, involves a counterclaim, or raises habitability or discrimination issues, get a licensed attorney in your state.

What's the difference between a judgment and a writ?

A judgment says you won. A writ of possession is the separate court order that lets law enforcement actually put you back in the property. You have to apply for it — it isn't automatic.

All questions

Stop reading, start moving

If the property is in Georgia we can handle it end to end. If it isn't, we'll point you the right way.