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 starts when a landlord tries to take back possession of a rental property. It could be initiated by many reasons including rent not being paid and lease breaches, or the expiration of a lease agreement. The entire process could take between a few weeks to several months, dependent on the location, the nature of the matter and how long does eviction take the tenant's response.
The first step in an eviction is the delivery of an eviction notification to the landlord. This is typically written notice that informs the tenant about the reasons behind the eviction as well as what they must do to prevent it from happening. Most notices consist of a Pay or Quit Notice for unpaid rent or an eviction notice for a Cure or Quit for lease violation. The majority of states require landlords to provide the tenant with three to thirty days to comply or leave in accordance with the specific grounds for the eviction.
If the tenant doesn't adhere to the notice, the landlord must start a formal eviction lawsuit--often called an unlawful detainer action. The process begins by submitting paperwork to the court and then serving the tenant with a copy. The time between filing the case and receiving a court date usually ranges from 1 to 4 weeks, based on the amount of work that the local court system is.
Once in court each party has the chance to present their arguments. If the landlord prevails the judge will issue a judgment of possession, and often the court will issue a financial judgment for unpaid rent or damages. In the event of a court ruling it isn't always possible to evict immediately. The tenant usually has a final deadline--often between 3-7 days--to get out on their own.
If the tenant continues to be late past this time and the landlord is not satisfied, he must apply for the writ of possession, which is a legal document that permits police to expel the tenant from the property. This final stage can take an additional one or two weeks, based on the availability of sheriffs and local procedures.
A simple eviction can take around 4-8 weeks, while more complex cases--such as cases involving delays or appeals--may extend for a longer time. It's crucial to keep in mind that the laws regarding evictions vary in each state, and the specific local laws can impact each step of the timeline.
Being informed about the process can help both tenants and landlords to know their rights and responsibilities 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. For more information please visit how long does eviction take.