Breaking Down the Average Duration of an Eviction Case
Breaking Down the Average Duration of an Eviction Case
Blog Article
The legal process of eviction that starts when a landlord tries to take back possession of the rental property. It could be initiated by many reasons including rent not being paid and lease breaches, or the expiration of a lease. The entire process could take between a few weeks to several months, dependent on the location, the nature of the matter, and how long does eviction take the tenant to respond.
The initial step in an eviction process is the distribution of an eviction notice to the tenant. It is typically a written document that informs the tenant about the reasons for the eviction and the steps they need to take to prevent it from happening. 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 provide the tenant with 3 to 30 days to comply or vacate, depending on the specific grounds for the eviction.
If the tenant doesn't follow the terms of this notice, then the tenant will then file a formal eviction lawsuit--often called an illegal detainer lawsuit. The process begins by filing paperwork with the court and then serving the tenant with an official copy. The period between filing the application and receiving a court date usually ranges from 1 to 4 weeks, based on the amount of work that the local court system is.
Once in court both parties are given the chance to present their case. If the landlord wins, the court will issue a judgment of possession and, in some cases the court will issue a financial judgment for unpaid rent or damages. Even with a court ruling, the eviction doesn't happen immediately. The tenant usually has a final deadline--often between 3-7 days--to get out voluntarily.
If the tenant remains past the deadline, the landlord must obtain the writ of possession, a legal document that allows law enforcement to remove any tenant who is not allowed to remain on the premises. The final step could take an additional week or more, depending on sheriff availability and local laws.
A simple eviction can take around 4-8 weeks when more complicated cases, such as ones that require appeals or delays can take longer. It is important to remember that laws regarding evictions differ by state, and specific local laws can impact every step of the process.
Being aware of the procedure can help 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. For more information please visit how long does eviction take.