What to Expect During the Eviction Process and Its Timeline
What to Expect During the Eviction Process and Its Timeline
Blog Article
Eviction is a legal process that starts when a landlord attempts to take back possession of a rental home. The reason for eviction can come from different reasons, including non-payment of rent or lease violations or the expiration of a lease agreement. The entire process can take between a few weeks to several months dependent on the location, the specifics of the matter, and how long does eviction take the tenant's response.
The first step of an eviction process is the distribution of notice to the tenant. It is typically a written document which informs the tenant of the reason for the eviction and the steps they need to take to prevent it from happening. Common notices include a Pay or Quit Notice for rent that has not been paid or a Cure or Quit Notice for lease violation. In most states, landlords must provide the tenant with three to thirty days to comply or leave in accordance with the specific reason for the eviction.
If the tenant doesn't adhere to this notice, then the tenant must follow up with an official eviction lawsuit, often called an unlawful detainer action. This phase begins with filing paperwork with the court and serving the tenant with an official copy. The duration between filing the case and receiving a court date typically ranges from 1 to 4 weeks, based on how busy the court system in your area is.
Once in court, both parties have the opportunity to present their case. If the landlord prevails the judge will issue a judgment of possession, and in many cases it will also issue a judgment of monetary value for unpaid rent or damages. Even with a court ruling, the eviction doesn't happen immediately. The tenant usually has an ultimatum--usually between 3 to 7 days--to move out of the property on their own.
If the tenant remains past that deadline the landlord has to obtain a writ of possession, a legal document that allows police to expel the tenant from the property. This final stage can be delayed by a one or two weeks, based on the availability of sheriffs and local regulations.
A simple eviction can take around 4 to 8 weeks, when more complicated cases, such as cases involving delays or appeals--may extend for a longer time. It's important to note that eviction laws vary widely in each state, and the specific local regulations can affect each step of the timeline.
Being aware of the process can help both tenants and landlords to be aware of their rights and obligations 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. Click here now to get more information about how long does it take to get evicted for not paying rent?.