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 attempts to get possession of a rental property. The reason for eviction can come from many reasons including rent not being paid, lease violations or the expiration date of a lease agreement. The entire process could take between a few weeks to several months subject to the location, the specifics of the case as well as how long does eviction take the tenant responds.
The initial step in an eviction is the delivery of an eviction notice to the tenant. This is typically written notice that informs the tenant about the reasons for the eviction and what they must do to avoid it. Common notices include the Pay or Quit Notice for unpaid rent or a Cure or Quit Notice for lease violations. In most states, landlords must give the tenant between 3 to 30 days to obey or vacate in accordance with the specific grounds for the eviction.
If the tenant doesn't follow the terms of the notice, the landlord has to then file an official eviction suit, which is often referred to as an unlawful detainer action. This phase begins with filing paperwork with 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, depending on how busy the court system in your area is.
When a case is heard each party has the opportunity to present their arguments. If the landlord prevails the court will issue a judgment of possession, and in some cases, a monetary judgment for unpaid rent or damages. In the event of a court ruling that the eviction won't take place immediately. The tenant will usually be given a deadline, usually ranging from 3-7 days to move out of the property on their own.
If the tenant remains past this time and the landlord is not satisfied, he must apply for a writ for possession, a legal document that allows police to expel the tenant from the premises. This final stage can be delayed by a time or even a week, based on sheriff availability and local procedures.
A simple eviction could take anywhere from 4-8 weeks however more complicated cases, like those involving appeals or delays--can stretch much longer. It's crucial to keep in mind that laws regarding evictions differ by state, and specific local regulations can affect every step of the process.
Being informed about the process can help both tenants and landlords to understand their rights and responsibilities, making what is often 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.