What to Expect During the Eviction Process and Its Timeline
What to Expect During the Eviction Process and Its Timeline
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 and lease breaches or the expiration of a lease. The entire process can take between a few weeks to a few months, depending on the location, the specifics of the situation, as well as how long does eviction take the tenant responds.
The first step in an eviction process is the distribution of a notice to the tenant. It is typically written notice that informs the tenant about the reasons behind the eviction and what they must do to avoid it. Most notices consist of a Pay or Quit Notice for unpaid rent or a Cure or Quit Notice for lease violation. Most states require landlords to give the tenant between 3 to 30 days to comply or leave according to the particular reasons for the eviction.
If the tenant fails to adhere to the notice, the landlord will then file an official eviction lawsuit, often called an illegal detainer lawsuit. The process begins by filing paperwork with the court and serving the tenant with a copy. The time between filing the case and receiving a court date typically can be anywhere from one to four weeks, based on the amount of work that the court system in your area is.
When a case is heard, both parties have the opportunity to present their arguments. If the landlord wins, the court will issue a judgment of possession, and in some cases it will also issue a judgment of monetary value for damages or rent not paid. If a court decision is issued, the eviction doesn't happen immediately. The tenant will usually be given a final deadline--often between 3-7 days to move out of the property on their own.
If the tenant remains past that deadline the landlord has to obtain the writ of possession, a legal document that allows police to expel the tenant from the property. The final step could take an additional time or even a week, based on sheriff availability and local regulations.
In total, a straightforward eviction can take around 4-8 weeks however more complicated cases, like cases involving delays or appeals--may 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 informed about the process can help tenants and landlords to know their rights and responsibilities 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 an eviction take.