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 occurs when a landlord tries 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 agreement. The whole process can last anywhere from a few weeks to a few months, depending on the location, the specifics of the matter as well as 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 usually an official document that informs the tenant about the reasons behind the eviction as well as what they can do to avoid it. The most common notices are an Order to Pay or Quit for rent that has not been paid or a Cure or Quit Notice for lease violation. In most states, landlords must give the tenant between 3 to 30 days to comply or leave, depending on the specific reason for the eviction.
If the tenant fails to comply with this notice, then the tenant has to follow up with a formal eviction lawsuit--often called an illegal detainer lawsuit. This phase begins with filing paperwork with the court and serving the tenant the copy. The time between filing the case and getting an appointment with the court typically is between 1 and 4 weeks, based on how busy the court system in your area is.
When a case is heard, both parties have the chance to present their arguments. If the landlord prevails, the judge will issue a judgment of possession and, in many cases, a monetary judgment for unpaid rent or damages. If a court decision is issued it isn't always possible to evict immediately. The tenant is usually given a final deadline--often between 3-7 days to move out voluntarily.
If the tenant remains past that deadline and the landlord is not satisfied, he must apply for the writ of possession, 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 the availability of the sheriff and local laws.
In all, a simple eviction could take anywhere from 4-8 weeks however more complicated cases, like cases involving delays or appeals--may stretch much longer. It's important to note that laws regarding evictions differ according to state, and local regulations can affect each stage of the process.
Being informed about the process can help both tenants and landlords to be aware of their rights and obligations and make what can be a stressful 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.