Breaking Down the Average Duration of an Eviction Case
Breaking Down the Average Duration of an Eviction Case
Blog Article
Eviction is a legal procedure that begins when a landlord attempts to take back possession of a rental home. The reason for eviction can come from different reasons, including non-payment of rent and lease breaches, or the expiration of a lease agreement. The whole process can last between a few weeks to several months dependent on the location, the nature of the case, and how long does eviction take the tenant to respond.
The first step in an eviction process is the distribution of a notice to the tenant. This is typically an official document that informs the tenant about the reason for the eviction and what they can do to avoid it. Most notices consist of an Order to Pay or Quit to collect rent due or an eviction notice for a Cure or Quit for lease violations. In most states, landlords must give tenants between three to thirty days to comply or leave in accordance with the specific reason for the eviction.
If the tenant fails to comply with the notice, the landlord will follow up with an official eviction lawsuit, often called an unlawful detainer action. The process begins by sending the paperwork to the court and serving the tenant with a copy. The time between filing the case and getting a court date typically is between 1 and 4 weeks, based on the amount of work that the court system in your area is.
In court both parties are given the opportunity to present their arguments. If the landlord wins, the court will issue a judgment of possession, and in some cases the court will issue a financial judgment for damages or rent not paid. If a court decision is issued it isn't always possible to evict immediately. The tenant is usually given an ultimatum--usually between 3-7 days--to get out on their own.
If the tenant continues to be late past that deadline, the landlord must obtain a writ for possession, a legal document that allows law enforcement officers to remove tenants from their premises. This final stage can be delayed by a one or two weeks, based on the availability of sheriffs and local regulations.
In all, a simple expulsion can last anywhere from 4-8 weeks, however more complicated cases, like those involving 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 process can help tenants and landlords be aware of their rights and obligations 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 www.ledgre.ai/managing-how-long-does-it-really-take-to-evict-a-tenant to get more information about how long does an eviction take.