Understanding the Full Timeline of a Typical Eviction Process
Understanding the Full Timeline of a Typical Eviction Process
Blog Article
Eviction is a legal procedure that begins when a landlord attempts to get possession of the rental property. The reason for eviction can come from different reasons, including non-payment of rent and lease breaches, or the expiration of a lease. The entire process could take anywhere from a few weeks to a few months, subject to the area, the type of the case in addition to how long does eviction take the tenant responds.
The first step of an eviction is the handing of a note to the tenants. This is typically written notice which informs the tenant of the reasons behind the eviction and what they can do to prevent it from happening. Common notices include 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 the tenant between 3 to 30 days to obey or vacate according to the particular grounds for the eviction.
If the tenant does not comply with the notice, the landlord must start an official eviction lawsuit, often called an illegal detainer lawsuit. This process starts by sending the paperwork to the court and serving the tenant an official copy. The period between filing the application and receiving a court date typically is between 1 and 4 weeks, based on the amount of work that the local court system is.
When a case is heard both parties are given the opportunity to argue their arguments. If the landlord prevails the court will issue a ruling of possession, and in many cases the court will issue a financial judgment for unpaid rent or damages. Even with a court ruling that the eviction won't take place immediately. The tenant is usually given an ultimatum--usually between 3-7 days--to get out on their own.
If the tenant remains past this time and the landlord is not satisfied, he must apply for a writ for possession, which is a legal document that permits police to expel tenants from their premises. This final stage can take an additional one or two weeks, based on sheriff availability and local regulations.
In all, a simple eviction can take around 4-8 weeks, however more complicated cases, like those involving appeals or delays--can extend for a longer time. It is important to remember that the laws regarding evictions vary by state, and specific local laws can impact each step of the timeline.
Being informed about the process can help both landlords and tenants understand their rights and responsibilities, making what is often 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. Click here now to get more information about how long does an eviction take.