From Notice to Lockout: How Long Does an Eviction Take?
From Notice to Lockout: How Long Does an Eviction Take?
Blog Article
The legal process of eviction that starts when a landlord tries to take back 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 date of a lease. The whole process can last anywhere from a few 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 initial step in an eviction process is the distribution of a note to the tenants. This is usually an official document that informs the tenant of the reasons behind the eviction and the steps they need to take to avoid it. Common notices include the Pay or Quit Notice for unpaid rent or a Cure or Quit Notice for lease violations. The majority of states require landlords to provide the tenant with three and 30 days to comply or vacate in accordance with the specific grounds for the eviction.
If the tenant does not adhere to this notice, then the tenant will then file an official eviction suit, which is often referred to as an unlawful detainer action. This phase begins with submitting paperwork to the court and serving the tenant with an official copy. The duration between filing the case and receiving a court date usually is between 1 and 4 weeks, depending on the amount of work that the local court system is.
Once in court both parties are given the opportunity to argue their case. If the landlord wins, the judge will issue a judgment of possession and, in many cases the court will issue a financial judgment for damages or rent not paid. Even with a court ruling, the eviction doesn't happen immediately. The tenant will usually be given a final deadline--often between 3-7 days--to get out on their own.
If the tenant is not satisfied by the deadline, the landlord must obtain a writ of possession, which is a legal document that permits law enforcement to remove tenants from their premises. This final stage can last for a week or more, depending on the availability of the sheriff and local regulations.
A simple eviction could take anywhere from 4 to 8 weeks, while more complex cases--such as those involving appeals or delays--can take longer. It is important to remember that laws regarding evictions differ in each state, and the specific local laws can impact every step of the process.
Being aware of the process can help tenants and landlords to be aware of their rights and obligations which can make 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.