How Long Does An Eviction Take?

How Long

Will My Eviction Be Handled Quickly?

An eviction is not necessarily the most pleasant experience. The fact of the matter is that far too often you will not be dealing with a simple non-renewal of lease. More and more landlords are dealing with non-payment situations and each of their circumstances will be different.

A Simple Notice Might Help

In some cases, a notice will do the trick. Often, a simple notice will give a tenant that is already on their way out the motivation to get moving along. Some tenants hold off on moving until they actually get the notice. It seems counterintuitive but many tenants feel that they have some leverage and it isn’t until the moment that they receive the actual notice that they begin the process of packing up and leaving the property.

State Laws and Guidelines

The process of eviction will be dependant on your individual state laws and guidelines.  Some states are tenant-friendly and you may experience frustration with adjournment after adjournment. The key is to understand your state’s policies. In addition to the state guidelines, the eviction process is also reliant on the courts themselves. If there are grievances there may be a back and forth and the court may even allow the tenant additional time to move. It all depends on the type of eviction case and your city and state of the residence.

Default

There will be some tenants that do not even bother to show up for court. In those instances, you may get a default judgment against them. In that case, the tenant may be removed from the property much sooner. Some judges will order an eviction in a matter of weeks and that can be followed by the need to have a marshall or sheriff assist in removing the tenant.

If the tenant decides to fight the eviction, this can extend the period of time that they take to move as the court may allow for extra time depending on the circumstances surrounding the eviction and the tenant’s means to move. The process of eviction can take days to months between the initial notice and court proceedings.

By : admin | July 9, 2020 | Evictions

How Long Before I Can Send An Eviction Notice?

Eviction Notice

How Soon Can I Evict A Tenant?

Regardless of where you own a rental property, one thing remains the same in nearly every state in America. You will not be able to start the eviction process unless and until you are within your legal bounds to terminate the tenancy.  In most cases, this requires that you provide a notice to the tenant, in most states, that notice will be in writing.  Once the notice has been provided, and the tenant does not vacate, the process of legal eviction through the court can proceed. In some states, you can provide a 3-day notice however, it is best to check with your state laws as many states also provide a 7-day notice.  The notice timeline will solely depend on your state law.

Types Of Notices

The general language used will be similar in most states however, the common terminology is listed below:

Notice To Quit  (Non-Payment)

A notice to quit is generally used in cases where the landlord is owed money by the tenant. The landlord will provide the tenant with a notice allowing for a number of days under which the tenant must pay the money owed or vacate. There is also a Notice To Quit for non-renewal and applies to landlords that do not plan on renewing a tenant’s lease.

 Notice To Cure (violation of rental lease)

A notice to cure is generally used when a tenant has violated the terms of the lease agreement. This can refer to moving another person without consent/permission or authorization and can also apply for instances of pets and drug use. The landlord typically provides notice for a specified number of days under which the tenant must correct the issues (cure) or vacate.

Termination Notice

The termination notice is generally used when the landlord is no longer willing to accept rent due to continued violations and the landlord simply wants the tenant to vacate and retain possession of his rental.  This is usually the result of regularly paying the rent late, violating the lease regularly, causing or creating a dangerous environment to other tenants as well as involvement in illegal activity.

It’s important to note that some states do not even provide for a notice in the law so it is best that you use a qualified service to serve your notice and or speak to an attorney for assistance.

By : admin | June 9, 2020 | Evictions