What to Expect During the Eviction Process and Its Timeline
What to Expect During the Eviction Process and Its Timeline
Blog Article
The legal process of eviction that starts when a landlord seeks to get possession of the rental property. It could be initiated by different reasons, including non-payment of rent and lease breaches, or the expiration of a lease agreement. The whole process can last up to a couple of weeks to a few months, dependent on the location, the nature of the case and how long does eviction take the tenant responds.
The first step of an eviction process is the distribution of notice to the tenant. This is typically a written document that informs the tenant of the reason for the eviction and what they can do to prevent it from happening. The most common notices are a Pay or Quit Notice to collect rent due or the Cure or Quit Notice for lease violations. The majority of states require landlords to give tenants between three and 30 days to comply or leave according to the particular reasons for the eviction.
If the tenant doesn't adhere to an order, landlord must follow up with an official eviction suit, which is often referred to as an illegal detainer lawsuit. This phase begins with filing paperwork with the court and then serving the tenant with the copy. The time between filing the case and getting a court date typically can be anywhere from one to four weeks, depending on the amount of work that the local court system is.
When a case is heard, both parties have the opportunity to present their case. If the landlord prevails, the judge issues a judgement of possession and, often it will also issue a judgment of monetary value 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 get out voluntarily.
If the tenant continues to be late past that deadline the landlord has to obtain a writ for possession, a legal document that allows police to expel the tenant from the property. This final stage can last for a week or more, depending on sheriff availability and local regulations.
In all, a simple eviction can take around 4 to 8 weeks, when more complicated cases, such as cases involving delays or appeals--may take longer. It's important to note that the laws regarding evictions vary in each state, and the specific local regulations can affect every step of the process.
Being aware of the process can help both landlords and tenants know their rights and responsibilities and make what can be 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 it take to get evicted for not paying rent?.