A Step-by-Step Look at How Long Evictions Usually Last
A Step-by-Step Look at How Long Evictions Usually Last
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Eviction is a legal process that starts when a landlord attempts to regain possession of a rental home. It can be prompted by many reasons including rent not being paid or lease violations, or the expiration of a lease. The entire process could take between a few weeks to several months, depending on the location, the specifics of the case, as well as how long does eviction take the tenant's response.
The initial step in an eviction is the handing of a note to the tenants. This is usually an official document that informs the tenant about the reason for the eviction and the steps they need to take to avoid it. The most common notices are an Order to Pay or Quit to collect rent due or the Cure or Quit Notice for lease violation. In most states, landlords must provide the tenant with three and 30 days to comply or leave according to the particular reason for the eviction.
If the tenant fails to adhere to an order, landlord has to follow up with an official eviction lawsuit, often called the unlawful detainer motion. This phase begins with sending the paperwork to the court and serving the tenant an official copy. The duration between filing the case and getting an appointment with the court typically is between 1 and 4 weeks, based on how busy the court system in your area is.
Once in court each party has the opportunity to present their case. If the landlord prevails the judge will issue a ruling of possession and, in many cases it will also issue a judgment of monetary value for unpaid rent or damages. In the event of a court ruling it isn't always possible to evict immediately. The tenant will usually be given an ultimatum--usually between 3-7 days to move out voluntarily.
If the tenant remains past that deadline and the landlord is not satisfied, he must apply for a writ for possession, which is a legal document that permits law enforcement to remove tenants from their property. The final step could be delayed by a one or two weeks, based on the availability of sheriffs and local laws.
In all, a simple expulsion can last anywhere from 4-8 weeks, when more complicated cases, such as cases involving delays or appeals--may extend for a longer time. It is important to remember that laws regarding evictions differ in each state, and the 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 which can make 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 ledgre.ai to get more information about how long does it take to evict someone.