From Notice to Lockout: How Long Does an Eviction Take?
From Notice to Lockout: How Long Does an Eviction Take?
Blog Article
Eviction is a legal process that begins when a landlord tries to regain possession of a rental property. It could be initiated by various reasons--non-payment of rent, lease violations or the expiration date of a lease. The entire process can take up to a couple of weeks to a few months, depending on the location, the nature of the matter and how long does eviction take the tenant's response.
The first step of an eviction process is the distribution of an eviction notification to the landlord. This is usually written notice which informs the tenant of the reason for the eviction and what they can do to avoid it. Most notices consist of a Pay or Quit Notice for unpaid rent or an eviction notice for a Cure or Quit for lease violation. Most states require landlords to give tenants between 3 to 30 days to comply or vacate in accordance with the specific reason for the eviction.
If the tenant doesn't adhere to the notice, the landlord has to follow up with an official eviction suit, which is often referred to as an illegal detainer lawsuit. The process begins by filing paperwork with the court and then serving the tenant with a copy. The duration between filing the case and getting a court date usually can be anywhere from one to four weeks, based on how busy the local court system is.
When a case is heard each party has the opportunity to argue their arguments. If the landlord wins, the judge will issue a ruling of possession and, in some cases the court will issue a financial judgment for damages or rent not paid. Even with a court ruling, the eviction doesn't happen immediately. The tenant will usually be given an ultimatum--usually between 3-7 days to move out on their own.
If the tenant continues to be late past that deadline the landlord has to obtain the writ of possession, which is a legal document that permits law enforcement to remove any tenant who is not allowed to remain on the premises. This last step can take an additional time or even a week, based on sheriff availability and local laws.
In total, a straightforward eviction can take around 4-8 weeks when more complicated cases, such as those involving appeals or delays--can extend for a longer time. It is important to remember that laws regarding evictions differ according to state, and local regulations can affect every step of the process.
Being aware of the procedure can help tenants and landlords to be aware of their rights and obligations which can make an extremely difficult situation easier to manage.
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. Read more to get more information about how long does it take to get evicted for not paying rent?.