How Long Does an Eviction Take?

The timeline for eviction proceedings varies widely depending on state regulations and individual circumstances. It can take a few weeks to several months and involves various factors such as tenant responses, court procedures, and legal strategies.

Reasons for Eviction

The procedure for evicting a tenant depends on the lease violation:

• Lease termination: If the tenant has come to the end of their lease and you are not renewing the agreement, you must give them a certain number of days’ notice. The period is usually determined by the lease itself, which may specify 30 or 45 days.
• Property sale or foreclosure: If you must terminate the tenancy before the end of the lease period, your state’s laws may designate a notice period, which can be as long as 60 days to 180 days.
• Termination “without cause:” Landlords can initiate evictions such as in month-to-month rental agreements, by providing proper notice, typically around 30 days, varying by state.
• Termination “with cause:” Evicting a tenant for failing to pay rent or another lease violation requires you to give written notice before beginning the eviction process. State laws specify the timeframe for correction before eviction. Some states mandate dual-notice requirements: “cure or quit” notice followed by a five-day unlawful detainer notice.

These notice requirements are the start of the eviction process and determine its length. A 30-day notice means just that: You must wait 30 days before you can take the next step.

How Long Does an Eviction Usually Take?

The average eviction time involves many variables, including whether the tenant files an answer in court, has a valid defense, or if the court agrees to delay the removal. It can also depend on how soon the court has time on the docket for the case. On average, you can anticipate two to four months for your eviction case.

Average Eviction Time by State

Eviction Steps

Landlords must follow the process in the state where the property is located. If you live in California but the property is in New York, then New York’s laws apply. Landlords should avoid “self-help” evictions, such as changing locks or turning off owner-paid utilities. As of this date, only Michigan has passed a law allowing landlords to engage in self-help tactics when removing squatters.

Landlords are forbidden to retaliate against tenants who report housing violations or complain about maintenance issues.

Notice

Timeline: 3 to 180 days

• Tenants must receive a Notice to Quit that explains what the tenant has done or failed to do, what they must do to correct the problem, and how many days they have to fix it.
• Some states have specific notice requirements for removing squatters. An additional 3 to 180 days may be added to the eviction process, depending on the reason for the eviction and state laws.
• Most state laws are very specific about how a notice must be written and posted. It may be posted and mailed in some states, but in others, it must be handed to the tenant. In some, it must include documents informing the tenant how to file an answer if they choose.
• In most states, a Notice of Delinquent Rent must state the exact amount of past due rent, name all tenants on the property, give the exact address, and specify precisely where the past due rent can be paid. Failing in any of these particulars means the notice is invalid.

Court Proceedings

Timeline: 2-3 months (or longer in complex cases)

You can file the documents to begin the court proceedings if the tenant does not correct the violation within the stated time. The timeline is different in each state but follows the same pattern in every court:

• Complete and file a summons and complaint, sometimes called a petition or unlawful detainer. This document outlines the reasons why the tenant should be evicted.
• When you receive the documents back from the court, have them served to the tenant. There is a process for doing so, and it may take a few days depending on how you do — whether you use a process server (fastest) or have the sheriff make service (cheapest, but slower).
• The tenant has a certain amount of time to respond to the complaint. Thirty days is standard, but it can be as few as 20 or as many as 45, depending on the court rules. The hearing date will not be set until after the time allowed for the tenant to respond.
• If the tenant does not provide a response, you can request a summary judgment, which moves the process directly to the removal.

Some states, such as Nevada, have a summary eviction process that uses a tenant’s affidavit rather than a formal answer. This streamlines the process and lets the courts hear cases faster if there is no issue of law or fact to be heard.

Tenant Removal

Timeline: Anywhere from a few days to a few weeks

Some tenants refuse to leave even when you have a Writ of Possession. A few states will not allow you to take any action for five days after the hearing date to enable reluctant tenants to accept the situation and move out.

• If the tenant will not leave, do not take matters into your own hands. Give the Writ of Possession to the sheriff’s office, which will handle the removal. They will post a Notice of Removal and schedule a date for a deputy to come and oversee the eviction.
• The removal is carried out according to the sheriff’s schedule. It may take several days for someone to be available. Do not call the sheriff’s office to ask when someone will be there. It can take several days to a few weeks for someone to arrive.

How to Speed Up the Eviction Process

In some cases, there are ways to move the eviction process through the system a bit faster:

• Expedited/Emergency Evictions: States like Missouri, California, and Florida allow landlords to evict tenants with less notice if the tenant has engaged in illegal acts. Expedited evictions do not shorten the court process, but some states may allow the landlord to proceed without notice. Illegal acts covered under this usually include the sale or manufacture of drugs, sexual trafficking, and some types of gang activity. Tenants have less time to move out after the eviction order.
• Expedited vs. Self-Help Evictions: As of 2024, only Michigan allows landlords to use “self-help” techniques to expedite evictions. Landlords must go through the courts and the formal court hearing and eviction process. Do not use self-help techniques like lockouts, shutting off water or power, or other “weird tricks” to get problem tenants out.

Factors That Can Slow Down the Eviction Process

Swift action may be tempting to resolve issues efficiently and restore the property’s condition for future tenancies. However, some things will delay an eviction no matter what you do. Your best course of action here is to prepare all your evidence in advance.

• Requesting a Jury Trial: Not only does this delay the eviction, but it is also expensive since the party requesting the trial must pay for the jurors’ time. If a tenant requests a trial, you should request an alternative form of resolution.
• Tenant’s Written Response: Different states give tenants differing amounts of time to respond, ranging from 21 to 180 days, depending on the circumstances.
• Tenant’s Appearance at Hearing: They may have valid reasons for their failure to pay rent or other lease violations. For instance, tenants may claim you failed to make repairs, and they are withholding rent as allowed by their lease. This can lead to a dismissal and an extension of the eviction process.
• Requesting a Continuance/Postponement: Either party can request a continuance (a delay of the hearing) or a postponement (a rescheduling of the hearing date). The court will reschedule if the party has a good reason, including previously scheduled court dates, surgery, and vacations.
• Tenant Requests a Stay of Execution: In many states, the courts are very reluctant to evict people, especially families, onto the street. If a tenant has small children, special-needs family members, or other reasons they cannot relocate within a short period, the courts may grant an extended stay of removal.
• Tenant Files an Appeal: This will not affect the eviction in most cases. If your tenant has an attorney who files a “stay of execution” along with the notice of appeal, they may be able to stay in the residence pending the appeal. This can add weeks or months to the residency, and if the appellate court rules in the tenant’s favor, it can send the case back to the lower court.

Alternatives to Evicting a Tenant

Sometimes, as a landlord, even when you’re having a problem with a tenant, you’re better off taking a different route than eviction. Other options include:

• Mutual Agreement to End a Lease: If you and your tenant can agree to part ways amicably, there is no reason to go through an eviction. It’s best to have an attorney write up a document reflecting your mutual agreement.
• Repayment Plan to Catch up on Rent: If your tenants are having financial difficulties (not uncommon), and you otherwise do not have issues with them, you may want to sit down with them and arrange a payment plan. For instance, if your tenant can pay half the rent on the 1st and half on the 15th, then a split rental payment would be worthwhile.
• Cash for Keys: Occasionally, paying your tenant to move out works better than taking them to court. It sounds counterintuitive, but it is cheaper than the thousands of dollars it can take to haul someone before a judge. This can also mean forgiving past due rent or damages to the property if the tenant leaves immediately.

Conclusion

Before you evict a tenant, you need to understand the legal system. You should consult an attorney, even if you don’t hire one for the entire eviction process. It is frustrating to have a tenant who won’t pay or violates your lease agreement, but if you follow the process, you can succeed in less time than trying to shortcut the procedure.

Frequently Asked Questions