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 seeks to regain possession of a rental home. It could be initiated by different reasons, including non-payment of rent, lease violations or the expiration date of a lease. The whole process can last between a few weeks to several months subject to the location, the specifics of the situation, in addition to how long does eviction take the tenant's response.
The first step of an eviction process is the distribution of a notification to the landlord. It is typically an official document which informs the tenant of the reasons for the eviction and what they can do to prevent it from happening. Most notices consist of an Order to Pay or Quit to collect rent due or the Cure or Quit Notice for lease violations. Most states require landlords to provide the tenant with three to thirty days to obey or vacate, depending on the specific reason for the eviction.
If the tenant does not adhere to the notice, the landlord must start an official eviction lawsuit, often called an unlawful detainer action. This phase begins with sending the paperwork to the court and serving the tenant a copy. The period between filing the application and receiving an appointment with the court typically can be anywhere from one to four weeks, based on the amount of work that the court system in your area is.
In court, both parties have the chance to present their case. If the landlord prevails, the judge issues a judgement of possession and, often it will also issue a judgment of monetary value for damages or rent not paid. Even with a court ruling, the eviction doesn't happen immediately. The tenant will usually be given a deadline, usually ranging from 3-7 days--to get out on their own.
If the tenant continues to be late past that deadline and the landlord is not satisfied, he must apply for the writ of possession, a legal document that allows law enforcement to remove any tenant who is not allowed to remain on the premises. This final stage can take an additional time or even a week, based on the availability of the sheriff and local procedures.
In all, a simple expulsion can last anywhere from 4-8 weeks, however more complicated cases, like cases involving delays or appeals--may stretch much longer. It's crucial to keep in mind that eviction laws vary widely by state, and specific local laws can impact every step of the process.
Being aware of the process can help landlords and tenants 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 it take to evict someone.