Commercial Eviction Requirements by State
The commercial Eviction Requirements by State table provides a baseline for commercial
evictions, with additional key points to consider:
The lease agreement is crucial - it often supersedes default statutory requirements
- Commercial evictions are typically more complex than residential ones due to the
broader business implications involved.
- Equipment/inventory on premises
- Subleases
- Assignment rights
- Impact on ongoing business operations
- Potential bankruptcy implications
- Risk of counterclaims
- Potential bankruptcy issues
- Property/equipment considerations
- Attorney representation is strongly recommended in all states due to:
| State | Notice Requirement | Self-Help Allowed* | Filing Fees** | Attorney Recommended | Estimated Timeline*** |
|---|---|---|---|---|---|
| Alabama | Per lease terms | Yes | $256-$356 | Yes | 3-6 weeks |
| Alaska | Per lease terms | No | $150-$300 | Yes | 4-8 weeks |
| Arizona | Per lease terms (min 5 days) | Yes | $145-$275 | Yes | 2-4 weeks |
| Arkansas | Per lease terms | Yes | $165-$300 | Yes | 2-5 weeks |
| California | 3 days for nonpayment | No | $240-$450 | Yes | 4-8 weeks |
| Colorado | 3 days default | Yes | $97-$225 | Yes | 3-6 weeks |
| Connecticut | 3 days for nonpayment | No | $175-$350 | Yes | 6-12 weeks |
| Delaware | 5 days default | No | $150-$300 | Yes | 4-8 weeks |
| Florida | 3 days for nonpayment | Yes | $185-$400 | Yes | 3-8 weeks |
| Georgia | Per lease terms | Yes | $85-$250 | Yes | 3-6 weeks |
| Hawaii | Per lease terms | No | $155-$300 | Yes | 4-8 weeks |
| Idaho | 3 days default | Yes | $166-$266 | Yes | 3-6 weeks |
| Illinois | Per lease terms | No | $237-$400 | Yes | 4-8 weeks |
| Indiana | Per lease terms | Yes | $156-$300 | Yes | 3-6 weeks |
| Iowa | 3 days for nonpayment | Yes | $185-$285 | Yes | 3-6 weeks |
| Kansas | 3 days default | Yes | $195-$295 | Yes | 3-6 weeks |
| Kentucky | Per lease terms | Yes | $150-$275 | Yes | 3-6 weeks |
| Louisiana | Per lease terms | No | $200-$350 | Yes | 3-8 weeks |
| Maine | Per lease terms | No | $175-$300 | Yes | 4-8 weeks |
| Maryland | Per lease terms | Yes | $110-$250 | Yes | 3-6 weeks |
| Massachusetts | Per lease terms | No | $135-$275 | Yes | 4-12 weeks |
| Michigan | Per lease terms | No | $175-$300 | Yes | 4-8 weeks |
| Minnesota | Per lease terms | No | $285-$400 | Yes | 3-8 weeks |
| Mississippi | Per lease terms | Yes | $50-$200 | Yes | 2-5 weeks |
| Missouri | Per lease terms | Yes | $100-$250 | Yes | 3-6 weeks |
| Montana | 3 days default | Yes | $120-$250 | Yes | 3-6 weeks |
| Nebraska | Per lease terms | Yes | $82-$200 | Yes | 3-6 weeks |
| Nevada | Per lease terms | No | $270-$400 | Yes | 3-8 weeks |
| New Hampshire | 7 days default | No | $125-$275 | Yes | 4-8 weeks |
| New Jersey | Per lease terms | No | $250-$400 | Yes | 6-12 weeks |
| New Mexico | 3 days default | Yes | $77-$200 | Yes | 3-6 weeks |
| New York | Per lease terms | No | $210-$400 | Yes | 6-12 weeks |
| North Carolina | Per lease terms | Yes | $126-$300 | Yes | 3-6 weeks |
| North Dakota | 3 days default | Yes | $80-$200 | Yes | 3-6 weeks |
| Ohio | Per lease terms | Yes | $123-$300 | Yes | 3-8 weeks |
| Oklahoma | Per lease terms | Yes | $85-$225 | Yes | 3-6 weeks |
| Oregon | Per lease terms | No | $158-$300 | Yes | 4-8 weeks |
| Pennsylvania | Per lease terms | No | $166-$350 | Yes | 4-8 weeks |
| Rhode Island | Per lease terms | No | $80-$200 | Yes | 4-8 weeks |
| South Carolina | Per lease terms | Yes | $150-$275 | Yes | 3-6 weeks |
| South Dakota | Per lease terms | Yes | $70-$200 | Yes | 3-6 weeks |
| Tennessee | Per lease terms | Yes | $150-$300 | Yes | 3-6 weeks |
| Texas | Per lease terms | Yes | $121-$250 | Yes | 2-6 weeks |
| Utah | Per lease terms | Yes | $125-$250 | Yes | 3-6 weeks |
| Vermont | Per lease terms | No | $195-$350 | Yes | 4-8 weeks |
| Virginia | Per lease terms | Yes | $58-$300 | Yes | 3-6 weeks |
| Washington | Per lease terms | No | $185-$350 | Yes | 4-8 weeks |
| West Virginia | Per lease terms | Yes | $100-$250 | Yes | 3-6 weeks |
| Wisconsin | Per lease terms | No | $94.50-$300 | Yes | 3-8 weeks |
| Wyoming | Per lease terms | Yes | $70-$200 | Yes | 3-6 weeks |
Self-Help Notes
- Even where allowed, self-help is risky and not recommended without legal counsel
- Must be executed peacefully with no breach of peace
- Many lease agreements prohibit self-help even if state law allows it
- Commercial tenant's property must be protected/stored
Filing Fee Notes
- Fees may vary by county and property value
- Additional fees may apply for service of process, writs of possession
- Some jurisdictions charge more for jury trial requests
- Additional costs may apply for storage of tenant property
Timeline Notes
- Timelines can vary significantly based on:
- Court congestion
- Complexity of lease terms
- Tenant defenses
- Bankruptcy filings
- Value of property
- Local procedures
- Many jurisdictions prioritize residential cases over commercial. Important Commercial-Specific Considerations:
- Lease terms generally control and may override statutory defaults
- Many states require more formal notice for lease termination vs. nonpayment
- Bankruptcy filings can significantly delay proceedings
- Equipment/inventory removal often requires special procedures
- Additional requirements may apply for multi-tenant properties
- Some jurisdictions have different rules for retail vs. office space