Understanding the Full Timeline of a Typical Eviction Process
Understanding the Full Timeline of a Typical Eviction Process
Blog Article
Eviction is a legal process that occurs when a landlord attempts to get possession of the rental property. The reason for eviction can come from various reasons--non-payment of rent and lease breaches or the expiration of a lease. The entire process can take up to a couple of weeks to several months depending on the location, the nature of the matter in addition to how long does eviction take the tenant responds.
The first step in an eviction process is the distribution of note to the tenants. This is usually a written document which informs the tenant of the reason for the eviction as well as the steps they need to take to avoid it. Common notices include an Order to Pay or Quit for rent that has not been paid or the Cure or Quit Notice for lease violations. The majority of states require landlords to give the tenant between three and 30 days to obey or vacate, depending on the specific reason for the eviction.
If the tenant doesn't follow the terms of the notice, the landlord has to then file a formal eviction lawsuit--often called the unlawful detainer motion. The process begins by submitting paperwork to the court and serving the tenant with an official copy. The time between filing the case and receiving a court date typically is between 1 and 4 weeks, depending on how busy the court system in your area is.
In court both parties are given the opportunity to argue their arguments. If the landlord prevails the court will issue a judgment of possession, and often, a monetary judgment for unpaid rent or damages. If a court decision is issued that the eviction won't take place immediately. The tenant will usually be given a deadline, usually ranging from 3-7 days to move out voluntarily.
If the tenant remains past that deadline and the landlord is not satisfied, he must apply for a writ of possession, a legal document that permits law enforcement officers to remove tenants from their premises. The final step could be delayed by a one or two weeks, based on sheriff availability and local laws.
A simple expulsion can last anywhere from 4-8 weeks however more complicated cases, like those involving appeals or delays--can stretch much longer. It's crucial to keep in mind that eviction laws vary widely by state, and specific local regulations can affect every step of the process.
Being aware of the process can help both tenants and landlords be aware of their rights and obligations and make what can be a stressful situation more manageable.
The entire process can take anywhere from a few weeks to several months, depending on the location, the nature of the case, and how long does eviction take the tenant responds. For more information please visit how long does it take to evict someone.