From Notice to Lockout: How Long Does an Eviction Take?
From Notice to Lockout: How Long Does an Eviction Take?
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Eviction is a legal process that starts when a landlord tries to regain possession of a rental home. It can be prompted by many reasons including rent not being paid or lease violations or the expiration date of a lease. The entire process could take anywhere from a few weeks to several months depending on the area, the type of the matter and how long does eviction take the tenant's response.
The initial step in an eviction process is the distribution of notice to the tenant. This is typically written notice which informs the tenant of the reason for the eviction and what they must do 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 the tenant between three to thirty days to obey or vacate in accordance with the specific grounds for the eviction.
If the tenant doesn't comply with the notice, the landlord has to start 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 getting an appointment with the court typically can be anywhere from one to four weeks, based on the amount of work that the local court system is.
In court, both parties have the opportunity to present their case. If the landlord prevails the judge will issue a ruling of possession, and often it will also issue a judgment of monetary value for unpaid rent or damages. If a court decision is issued that the eviction won't take place immediately. The tenant usually has an ultimatum--usually between 3 to 7 days--to move out on their own.
If the tenant remains past that deadline, the landlord must obtain a writ for possession, which is a legal document that permits police to expel the tenant from the premises. This final stage can last for a week or more, depending on the availability of sheriffs and local procedures.
In total, a straightforward eviction could take anywhere from 4-8 weeks, while more complex cases--such as ones that require appeals or delays can stretch much longer. It is important to remember that the laws regarding evictions vary according to state, and local rules can influence every step of the process.
Being informed about the procedure can help 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 it take to get evicted for not paying rent?.