A Step-by-Step Look at How Long Evictions Usually Last
A Step-by-Step Look at How Long Evictions Usually Last
Blog Article
Eviction is a legal process that occurs when a landlord seeks to get possession of the rental property. It can be prompted by different reasons, including non-payment of rent or lease violations or the expiration date of a lease. The whole process can last up to a couple of weeks to several months, depending on the location, the nature of the matter, in addition to how long does eviction take the tenant's response.
The first step of an eviction is the delivery of an eviction notification to the landlord. It is typically a written document that informs the tenant about the reason for the eviction as well as the steps they need to take to avoid it. The most common notices are an Order to Pay or Quit for unpaid rent or the Cure or Quit Notice for lease violations. In most states, landlords must give tenants between three to thirty days to obey or vacate, depending on the specific reasons for the eviction.
If the tenant fails to comply with an order, landlord has to then file a formal eviction lawsuit--often called an illegal detainer lawsuit. The process begins by filing paperwork with the court and serving the tenant a copy. The time between filing the case and getting an appointment with the court typically is between 1 and 4 weeks, depending on the amount of work that the local court system is.
When a case is heard each party has the opportunity to present their case. If the landlord prevails, the judge will issue a judgment of possession and, in some cases, a monetary judgment for damages or rent not paid. If a court decision is issued it isn't always possible to evict immediately. The tenant will usually be given a final deadline--often between 3-7 days--to get out voluntarily.
If the tenant remains past this time the landlord has to obtain a writ of possession, which is a legal document that permits law enforcement officers to remove tenants from their property. This final stage can be delayed by a one or two weeks, based on sheriff availability and local procedures.
A simple expulsion can last anywhere from 4 to 8 weeks, however more complicated cases, like those involving appeals or delays--can take longer. It's crucial to keep in mind that laws regarding evictions differ by state, and specific local laws can impact each step of the timeline.
Being informed about the process can help both tenants and landlords to understand their rights and responsibilities, making what is often 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.