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 begins when a landlord tries to get possession of the rental property. It can be prompted by many reasons including rent not being paid and lease breaches, or the expiration of a lease. The entire process could take up to a couple of weeks to several months depending on the area, the type of the case, in addition to how long does eviction take the tenant to respond.
The first step in an eviction process is the distribution of a notification to the landlord. It is typically a written document which informs the tenant of the reason for the eviction and what they can do to avoid it. Common notices include a Pay or Quit Notice for rent that has not been paid or a Cure or Quit Notice for lease violation. The majority of states require landlords to give the tenant between three to thirty days to obey or vacate in accordance with the specific reasons for the eviction.
If the tenant fails to adhere to this notice, then the tenant will then file an official eviction lawsuit, often called the unlawful detainer motion. This process starts by sending the paperwork to the court and serving the tenant the copy. The duration between filing the case and receiving a court date typically is between 1 and 4 weeks, depending on the amount of work that the local court system is.
In court each party has the chance to present their arguments. If the landlord prevails the court will issue a judgment of possession and, often the court will issue a financial judgment for damages or rent not paid. In the event of a court ruling that the eviction won't take place immediately. The tenant will usually be given an ultimatum--usually between 3-7 days--to get out of the property on their own.
If the tenant remains past the deadline, the landlord must obtain a writ of possession, a legal document that allows police to expel tenants from their property. This last step can be delayed by a one or two weeks, based on the availability of sheriffs and local regulations.
In all, a simple eviction can take around 4-8 weeks, when more complicated cases, such as those involving appeals or delays--can take longer. It is important to remember that the laws regarding evictions vary according to state, and local rules can influence each step of the timeline.
Being informed about the process can help both tenants and landlords 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 eviction take.