Specific state laws and regulations mainly affect the entire duration of the eviction process. In other words, some states resolve issues swiftly while others require a much longer time. Therefore, it’s important to know what state laws govern the eviction process regardless of whether you are a landlord wanting to evict a tenant or a tenant facing an eviction.
In general, the eviction process should take between 4 and 8 weeks, from start to finish.
Notice to Quit
Not all lease violations merit eviction; hence, the “notice to quit” is served to put an end to what the tenant is doing or else leave the premises. Some states can go as high as 7-day notice, or as short as a 3-day notice. Keep in mind that some states do not require the landlord to send a notice for non-payment of rental dues, assuming that the tenant himself knows about this obligation.
Filing for Eviction, Court, and Judgment for Possession
If the tenant continues to behave inappropriately or ignores his rental obligation, the landlord can file an eviction with the court to summon the erring tenant and face the complaint. This is where the paperwork beings. Each state varies when summoning tenants, but usually between 2 and 4 weeks after filing. Depending on the court’s calendar, this could take many weeks based on how “crowded” the loads are. On this day, the court will hear the tenant’s side of the story.
The judgment of possession is a court order that favors the landlord. He can now “possess” his property once again after the tenant had failed to show up during the hearing or perhaps wasn’t able to pay his rental duties.
Warrant or Writ for/of Removal
The judgment isn’t final until 2 weeks. Again, the duration to leave varies from each state. If the tenant still refuses to leave after the duration period, the landlord will have to go back to court, present the judgment, and request for writ for removal. The court will then coordinate with the local enforcement agency to remove the tenant forcibly from the premises.
How an Attorney Can Help
The eviction process is not a difficult process; nevertheless, it requires the understanding of some technical details. If the eviction fails, the landlord could try again, which means the tenant gains additional time. If you are unsure of what you are doing or new to rental property business, it’s advisable to seek help from eviction lawyers who will be able to assist you in completing the process. On the other side, if you are facing an eviction, the eviction lawyer can help you buy some time and see to it that all your rights are respected.
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I used to live in New York City, and it is practically impossible to evict somewhere there. It has been a long time since I had tenants, but it’s important to remember that evicting someone is a huge hassle for the property owner – chances are if you approach the owner with a reasonable and amicable way to solve your housing issue they will be receptive. The paper work alone takes a day.