Unlawful detainer is the court action a landlord files to recover possession of a rental after the notice period runs — the formal name for an eviction lawsuit in several states, with equivalents like "forcible detainer," "summary process," and "dispossessory proceeding" elsewhere. It is the only lawful way to remove a tenant; self-help eviction is illegal in every state.
§ I — What "unlawful detainer" means
An unlawful detainer action is a summary (expedited) court proceeding to decide one question: who is entitled to possession of the property right now. The landlord must first serve the required notice and let its period expire; only then can the case be filed. If the landlord wins, the court issues a judgment for possession and then a writ directing the sheriff or constable — never the landlord personally — to restore possession. Because the procedure is summary, courts enforce its prerequisites strictly: a defective notice, bad service, or a missing local pre-filing step (like Philadelphia's diversion program) typically ends the case before the merits. Changing locks, shutting off utilities, or removing belongings without a court order is illegal self-help in all 50 states, with penalties that routinely exceed the rent at stake.
§ II — How unlawful detainer varies by state
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Massachusetts
Called summary process, filed in Housing Court or District Court. The tenant's answer date matters doubly: a lease tenant can still cure nonpayment by paying rent, interest, and costs by that date, and a pending RAFT rental-assistance application stays execution. G.L. c. 239; c. 186, § 11.
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Florida
A county-court eviction under the summary procedure statute (Fla. Stat. ch. 51; § 83.59) — among the fastest in the country. The tenant must deposit disputed rent into the court registry to contest the case; failure is a default on possession.
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California
California's eviction suit is the namesake unlawful detainer (CCP § 1161 et seq.), in superior court. Since AB 2347 (2025), tenants get 10 court days to respond to the summons; judgment is followed by a writ of possession executed by the sheriff with a 5-day final notice.
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New York
A nonpayment summary proceeding (RPAPL Art. 7) in local civil or housing court — NYC cases run through Housing Court with its own forms. Paying the full rent due before the hearing must be accepted and moots the case. RPAPL § 731(4).
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Texas
Texas files a forcible detainer (eviction) suit in justice court (Tex. Prop. Code ch. 24). SB 38 (effective January 1, 2026) restructured the procedure, adding summary-disposition mechanics; appeal from justice court is de novo to county court.
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North Carolina
Summary ejectment (N.C.G.S. § 42-26), filed in small claims before a magistrate. Tender of rent and costs before judgment stops a nonpayment case (§ 42-33), and appeal goes de novo to district court.
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Georgia
A dispossessory proceeding (O.C.G.A. § 44-7-50) in magistrate court. The tenant answers within 7 days of the summons — and within that window may tender all rent plus the warrant cost as a complete defense, once per 12 months. § 44-7-52.
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Pennsylvania
A landlord-tenant complaint before a Magisterial District Judge (MDJ), with de novo appeal to Common Pleas. In Philadelphia, the mandatory Eviction Diversion Program (30 days of good-faith participation and an Outcome Certificate) is a precondition to filing. Phila. Code § 9-811.
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Illinois
An eviction action under the Eviction Act, 735 ILCS 5/9-101 et seq. (renamed from "forcible entry and detainer" in 2018), in circuit court. Chicago RLTO tenants can pay all rent plus filing fees before judgment; suburban Cook County RTLO tenants get a one-time post-filing pay-and-stay.
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Ohio
Forcible entry and detainer under R.C. ch. 1923, in municipal or county court. The first cause (possession) is heard on a fast track; a second cause for money damages often rides along. City pay-to-stay ordinances can supply a defense state law lacks.
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Michigan
Summary proceedings in district court (MCL 600.5701 et seq.). Judgment for the landlord starts a 10-day window before the order of eviction can issue — and paying the full judgment inside it saves the tenancy.
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Washington
An unlawful detainer in superior court (RCW ch. 59.12, 59.18), with a show-cause hearing as the usual first step and a right to court-appointed counsel for income-qualified tenants. The writ is executed by the sheriff; Seattle's winter and school-year defenses can bar eviction seasonally.
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Arizona
A special detainer action (A.R.S. § 33-1377) in justice court, on one of the country's fastest tracks: the initial appearance is set 3–6 days after the summons issues. Post-judgment, the writ of restitution issues after 5 calendar days.
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Virginia
An unlawful detainer in general district court (Va. Code § 8.01-126). Virginia's right of redemption lets the tenant pay everything due plus costs and stay — ordinarily usable once in 12 months — and the 2026 reforms extended the pre-filing notice to 14 days.
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New Jersey
A summary dispossess action in the Special Civil Part (N.J.S.A. 2A:18-53, -61.1). Paying all rent and costs on or before trial day forces dismissal, and even after lockout the tenant can be restored by paying in full within 3 business days. 2A:42-10.16a.
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Colorado
Forcible entry and detainer (FED) in county court (C.R.S. § 13-40-101 et seq.). Full payment must be accepted until judgment enters; mandatory mediation and a 30-day post-judgment delay protect tenants on SSI, SSDI, or cash assistance (HB 23-1120).
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Tennessee
A detainer warrant in general sessions court (Tenn. Code § 29-18-101 et seq.), with de novo appeal to circuit court within 10 days. The 14-day nonpayment notice applies statewide; URLTA procedural rules apply only in the 17 largest counties.
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Minnesota
An eviction action (formerly "unlawful detainer") under Minn. Stat. ch. 504B, in district court. A missing 14-day pre-filing notice means dismissal plus automatic expungement, and the tenant may redeem any time before possession is delivered. § 504B.291.
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Maryland
A summary ejectment / failure-to-pay-rent case in District Court (form DC-CV-082) under Md. Real Prop. § 8-401. The tenant's right of redemption runs until the eviction is actually executed — foreclosed only after 3 judgments in 12 months (4 in Baltimore City), where landlords also need a current rental license to file.
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Indiana
An eviction action in small claims or superior court under IC 32-31-1. Since July 1, 2025 (SEA 142), dismissed and tenant-favorable eviction filings are sealed automatically — a change worth knowing when screening applicants.