Eviction help

If people still live in a property you bought, you have to follow a legal process to take possession. You can’t change the locks or remove people or belongings yourself.

When you need one

• Right after a tax, foreclosure, HOA or sheriff sale, if the property is occupied.
• Former owners and tenants get different notice periods; tenants often get more time.
• After a foreclosure, tenants who rented from the former owner usually get at least 90 days’ notice under federal law. A real lease signed before the foreclosure sale transferred title may let them stay until it ends, unless you will live in the home yourself. Ask your attorney whether the tenant qualifies.

How to find one

• An attorney who handles evictions after foreclosure. Check them with the state bar, using the lookup on this page.
• In Nevada, Clark County’s eviction page explains the steps; in Las Vegas Township, Metro police officers carry out court-ordered lockouts.
• In Nevada, Clark County says its fast “summary eviction” can’t be used to remove a former owner, or the former owner’s tenant, after a foreclosure; those cases need an attorney.

Questions to ask

• How long will it take, and what will it cost?
• Do the occupants have a lease or extra time under the law?
• What can I do (and not do) while I wait?

Eviction is a court process. A landlord cannot legally remove a tenant by changing the locks, shutting off utilities or taking the tenant’s belongings. In California only a sheriff or marshal, with a court order, may carry out an eviction. In Arizona, tenants locked out or cut off from essential services can sue for damages set by law. In Nevada, tenants locked out or cut off from essential services can sue for damages set by law. In Texas, a landlord may change the locks for unpaid rent only under strict rules, and must give the tenant a new key at any hour, even if they don’t pay (Property Code 92.0081).

Each state runs its own process. In Nevada, an eviction for unpaid rent starts with a 7-court-day notice to pay or quit (weekends and court holidays don’t count). In Nevada, Clark County says evictions take anywhere from 10 to 180 days depending on the case, so budget for the long end. In Nevada, Clark County says its fast “summary eviction” can’t be used to remove a former owner, or the former owner’s tenant, after a foreclosure. California’s “unlawful detainer” case requires the landlord to file and serve a lawsuit. Arizona requires written notice before filing, such as 10 days for many lease violations. In Utah, an eviction for unpaid rent starts with a 3-business-day notice to pay or leave (Utah Code 78B-6-802). In Texas, the landlord gives at least 3 days’ written notice to vacate, unless a written lease sets a different time, then files in justice court. If the only reason is unpaid rent and the tenant had never been late before that month, the notice must be a notice to pay rent or vacate (since January 1, 2026). The trial is set 10 to 21 days after filing (Property Code 24.005 and 24.005106; Tex. R. Civ. P. 510). In every state, an eviction attorney helps you serve the right notice, file correctly and avoid defenses that restart the clock.

Investors who buy occupied homes at foreclosure auctions or as REOs must also go through the courts to remove occupants. After a foreclosure, tenants who rented from the former owner usually get at least 90 days’ notice under federal law, and a real lease signed before the foreclosure sale transferred title may run to its end unless the buyer will live there. Self-help, like changing the locks yourself, can turn a rent dispute into a damages award against you.

How they’re paid

• Ask whether the attorney charges a flat fee per uncontested eviction, or bills by the hour if the tenant contests. Ask what court and service costs are extra. (No sourced typical fee figure was found.)

Check before you hire

• Confirm the attorney regularly handles landlord evictions in the county where the property is.
• Ask which notice your situation requires (nonpayment, lease violation, no-cause) and the deadline in that state.
• Ask about local rent control or “just cause” rules. In California, many cities have them.
• Ask how long an uncontested and a contested case usually take in that court.
• Agree never to use self-help (lockouts, utility shutoffs, removing belongings) while the case runs.
• For auction or REO purchases, ask how to remove a former owner or occupant who isn’t on a lease, and whether a tenant gets 90 days’ notice or can stay to the end of a lease under federal law.

Real stories

In 2018, the court process took about three weeks (2018)

A tenant’s $1,450 rent was not paid on July 6, 2018. An eviction notice was posted that day. The landlord used Nevada’s summary eviction process. The court entered a default judgment. Constable deputies removed the occupants on July 27, without the landlord touching the locks.

Lesson: The lawful court process avoids self-help penalties. This case was fast; Clark County now says evictions take 10 to 180 days. It’s hard on everyone, though. That’s why many landlords first try a payment plan or a negotiated move-out.

Gas cut off to force tenants out: $36,000 in penalties (1974 (ruling 1980))

The landlord’s son and managing agent let the gas bill go unpaid so service would be shut off. He also refused tenants’ rent payments. Families were left without heat or hot water for 60 days in harsh winter weather. The trial court awarded $7,901 in damages, $36,000 in statutory penalties, $5,600 in attorney fees, and punitive damages. The California Supreme Court upheld the penalties.

Lesson: Cutting utilities to force tenants out can cost far more than the rent you were owed.

Lease “re-entry” clause no defense to a lockout (1961)

A tenant fell two months behind on $132.50 rent. While she was away, the landlord unlocked her apartment and moved her furniture to a warehouse. He refused to let her back in. He relied on a lease clause giving him a right of re-entry. A jury awarded her $6,500 plus $3,000 in punitive damages. The California Supreme Court held that the lockout was a forcible entry even without violence. It also held that a lease cannot authorize one. But it upheld a new trial on other grounds.

Lesson: A lease clause doesn’t let you skip the court process.