Breaking Down the Average Duration of an Eviction Case
Breaking Down the Average Duration of an Eviction Case
Blog Article
Eviction is a legal process that starts when a landlord tries to take back possession of a rental home. The reason for eviction can come from many reasons including rent not being paid and lease breaches or the expiration of a lease agreement. The whole process can last anywhere from a few weeks to several months, depending on the location, the specifics of the case, and how long does eviction take the tenant to respond.
The initial step in an eviction is the delivery of notification to the landlord. This is usually written notice that informs the tenant of the reason for the eviction as well as the steps they need to take to prevent it from happening. Most notices consist of an Order to Pay or Quit to collect rent due or a Cure or Quit Notice for lease violations. The majority of states require landlords to give tenants between 3 to 30 days to comply or leave, depending on the specific reasons for the eviction.
If the tenant does not comply with this notice, then the tenant must start an official eviction lawsuit, often called the unlawful detainer motion. This process starts by submitting paperwork to the court and serving the tenant with the copy. The period between filing the application and receiving an appointment with the court typically is between 1 and 4 weeks, depending on the amount of work that the court system in your area is.
When a case is heard each party has the chance to present their case. 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, the eviction doesn't happen immediately. The tenant usually has an ultimatum--usually between 3-7 days to move out on their own.
If the tenant continues to be late past this time and the landlord is not satisfied, he must apply for the writ of possession, which is a legal document that allows police to expel tenants from their premises. This last step can take an additional week or more, depending on the availability of the sheriff and local regulations.
In all, a simple expulsion can last anywhere from 4-8 weeks when more complicated cases, such as ones that require appeals or delays can extend for a longer time. It is important to remember that the laws regarding evictions vary in each state, and the specific local laws can impact each step of the timeline.
Being aware of the process can help both landlords and tenants know their rights and responsibilities 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. Read more to get more information about how long does an eviction take.