How Long Does It Really Take to Evict a Tenant?
How Long Does It Really Take to Evict a Tenant?
Blog Article
The process of evicting a tenant is a legal action which varies based on area, the cause for the eviction, as well as the tenant's reaction. Although landlords might expect immediate results after filing an expulsion notice, the fact is how long does it take to evict someone can take some time, or even months from beginning to finish. Knowing this timeframe is crucial for property owners looking to get back control over their rental property.
Initial Notice Period
The process starts with a notice served on the landlord. This notice period differs based on the reason. For rent arrears, certain jurisdictions require a 3 day or 5-day notice to pay or vacate. In other situations, such as leasing violations, the notification could be longer--usually between 7 and 30 days. This portion of the timeline is often the time when tenants attempt to solve the issue or contest the notice.
Filing the Eviction Case
If the tenant fails to follow the terms of the notice and the next step is to file a formal eviction case before the court in your local area. This step might seem straightforward however court scheduling could create delays. Depending on the court's backlog, a hearing could be scheduled in between one and three weeks following the filing. During this time, the document must be served to the tenant who has the right to respond.
The Court Hearing and Judgment
In the hearing, both the tenant and landlord are required to present their side. If the landlord can prove sufficient cause and follow the appropriate procedures, the judge may issue an order of eviction. If the tenant challenges the eviction--perhaps citing improper notice or habitability issues--the court might schedule another hearing, which can prolong the procedure.
Enforcing the Eviction
The fact that you won the case doesn't mean the tenant will quit immediately. After the court's decision the tenant must wait for a period of time that usually is followed before enforcement commences. The landlord typically must request an writ for possession, which allows law enforcement officers to expel the tenant. It can take 5 to 15 days, according to the constable's or sheriff's schedule.
Total Duration
In the best case scenario, with no tenant resistance and a legally-sound case an eviction could be completed in 3 or six weeks. But, if there are delays such as contested hearings, appeals, or court backlogs and backlogs, the process could take up to 2 or three months.
Knowing each step of this timeline can help landlords plan better and follow the law. Although evictions can be frustratingly long, following the correct procedure will ensure legal protection and faster resolution.
While landlords may expect immediate results after filing an eviction notice, the reality is how long does it take to evict someone take several weeks—or even months—to complete from start to finish. For more information please visit how long does an eviction take.