The notice period expired. The tenant is still there. Here's how to file.
Once the notice period has passed and the tenant hasn't complied — hasn't paid, hasn't cured the violation, hasn't vacated — you can file the eviction complaint with the court. File promptly. Every day between notice expiration and filing is a day of lost rent you could have avoided. Have the paperwork ready to file the morning after the notice period ends.
Evictions are filed in the court that has jurisdiction over the property's location. In most states, this is a county district court, magistrate court, or justice court. Some states have specific housing courts. Filing involves submitting a complaint (the document that describes your case), paying a filing fee, and arranging for the tenant to be served with the summons and complaint.
The eviction complaint is the document that tells the court why you're seeking to remove the tenant. It should identify the parties (you and the tenant), the property address, the lease agreement, the specific violation (non-payment, lease breach, holdover), the notice that was served and when, that the notice period has expired without compliance, and what you're requesting (possession of the property and any money judgment for unpaid rent).
Many courts provide standard eviction complaint forms. Use them. Courts prefer their own forms and judges are familiar with the format. If your court doesn't provide a form, follow your state's requirements for complaint format and content. Include copies of the lease, the notice you served, and proof of service as exhibits.
Filing fees range from $30 to $300 depending on the jurisdiction and whether you're seeking a money judgment in addition to possession. Some courts have additional fees for service of process. Budget $100-$400 for total filing and service costs in most jurisdictions.
After filing, the tenant must be officially served with the summons and complaint. Most courts use the county sheriff or a private process server for this. The tenant must receive enough advance notice of the hearing to prepare a response — typically 5 to 14 days depending on the jurisdiction. The hearing date is set by the court when you file or shortly after.
Filing correctly and on time keeps your case on track. Errors in the complaint or service can delay the hearing by weeks. Once filed, start preparing for court immediately — the hearing may be sooner than you expect. See the court preparation guide for what to bring and how to present your case. For state-specific filing procedures, check your state's requirements.