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 procedure that begins when a landlord attempts to get possession of the rental property. It could be initiated by many reasons including rent not being paid and lease breaches, or the expiration of a lease. The whole process can last up to a couple of weeks to several months subject to the location, the specifics of the matter as well as how long does eviction take the tenant's response.
The first step in an eviction is the delivery of notice to the tenant. This is usually a written document that informs the tenant of the reason for the eviction as well as what they can do to prevent it from happening. Common notices include a Pay or Quit Notice for rent that has not been paid or an eviction notice for a Cure or Quit for lease violations. Most states require landlords to provide the tenant with three to thirty days to comply or vacate, depending on the specific reasons for the eviction.
If the tenant doesn't follow the terms of the notice, the landlord will start an official eviction suit, which is often referred to as an illegal detainer lawsuit. This process starts by sending the paperwork to the court and serving the tenant a copy. The period between filing the application and getting a court date usually ranges from 1 to 4 weeks, based on the amount of work that the court system in your area is.
When a case is heard both parties are given the chance to present their arguments. If the landlord prevails, the court will issue a judgment of possession and, often it will also issue a judgment of monetary value for damages or rent not paid. In the event of 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 is not satisfied by the deadline and the landlord is not satisfied, he must apply for a writ of possession, a legal document that allows law enforcement officers to remove any tenant who is not allowed to remain on the property. This last step can last for a week or more, depending on sheriff availability and local laws.
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 important to note that the laws regarding evictions vary in each state, and the specific local laws can impact every step of the process.
Being aware of the process can help landlords and tenants know their rights and responsibilities and make what can be a difficult 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 it take to evict someone.