Eviction or Termination: How These Rental Actions Differ

Question

What’s the difference between eviction and termination?

Answer

In rental law, termination of tenancy and eviction both end a landlord‑tenant relationship—but they follow very different processes and carry distinct legal consequences.

When a landlord or tenant issues a notice of termination, they formally end the lease or rental agreement according to its terms or state statutes. Common scenarios include:

Fixed‑term leases ending: Neither party renews a 6‑ or 12‑month lease; the tenancy terminates on its expiration date.
Month‑to‑month tenancies: Either side gives proper notice—typically 30 days, but sometimes 60 days under state law.
No‑cause notices: In jurisdictions allowing “no‑fault” terminations, landlords can end month‑to‑month tenancies without alleging breach.

Termination is administrative. Tenants vacate by the deadline, and no court action is required if they comply. Landlords need only serve written notice that meets state notice‑period rules (for example, California requires 30 days for under one year’s occupancy or 60 days after) (California Dept. of Consumer Affairs).

Eviction—also called “unlawful detainer”—occurs when a tenant remains past termination or breaches lease terms (nonpayment of rent, unauthorized occupants, etc.). Key steps include:

Serving a cure or quit notice (e.g., 3‑day pay or quit for nonpayment).
Filing an unlawful detainer suit in court if the tenant fails to comply.
Obtaining a judgment and writ of possession, allowing the sheriff to remove holdover tenants.

Because eviction involves judicial proceedings, it generates court filings, fees and a public record. Evictions can also damage tenants’ credit and rental history.

In summary, termination offers a straightforward, notice‑based end to tenancy, while eviction is a legal action to remove non‑compliant occupants. Before proceeding, landlords and tenants are recommended to verify local notice requirements and seek advice from a licensed attorney or local housing authority to ensure compliance and protect their rights.