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 occurs when a landlord tries to get 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 whole process can last anywhere from a few weeks to several months, depending on the location, the specifics of the matter, in addition to how long does eviction take the tenant to respond.
The first step of an eviction process is the distribution of an eviction note to the tenants. It is typically an official document that informs the tenant of the reasons behind the eviction and the steps they need to take to avoid it. Most notices consist of the Pay or Quit Notice to collect rent due or a Cure or Quit Notice for lease violation. Most states require landlords to give tenants between three to thirty days to comply or leave, depending on the specific reasons for the eviction.
If the tenant fails to follow the terms of this notice, then the tenant has to start an official eviction suit, which is often referred to as an unlawful detainer action. This process starts by submitting paperwork to the court and then serving the tenant with an official copy. The period between filing the application and receiving an appointment with the court typically ranges from 1 to 4 weeks, depending on the amount of work that the local court system is.
When a case is heard, both parties have the opportunity to present their arguments. If the landlord prevails the court will issue a judgment of possession and, in many cases, a monetary judgment for damages or rent not paid. In the event of a court ruling it isn't always possible to evict immediately. The tenant usually has an ultimatum--usually between 3 to 7 days--to move out on their own.
If the tenant is not satisfied by the deadline the landlord has to obtain a writ of possession, a legal document that permits law enforcement officers to remove any tenant who is not allowed to remain on the premises. This final stage can last for a one or two weeks, based 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 those involving appeals or delays--can stretch much longer. It's crucial to keep in mind that laws regarding evictions differ in each state, and the specific local laws can impact every step of the process.
Being aware of the process can help tenants and landlords to understand their rights and responsibilities 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. Click here now to get more information about how long does it take to get evicted for not paying rent?.