Evicting a tenant usually takes two to four months, but timelines vary based on state laws and court schedules. Understanding what to expect can help you feel more prepared and in control. Start with a legally compliant eviction notice using Legal Templates to take the first step with confidence.
Eviction Timeline Overview
An eviction includes the waiting period, notice period, court proceedings, and final eviction action. Each step varies according to the required timelines and factors. The CARES Act also mandates a 30-day notice to vacate before filing an eviction for tenants in federally supported rental properties in every state.
| Step | Description | Tentative Time |
|---|---|---|
| Waiting Period Before Issuing Notice | Check local regulations for required waiting periods before issuing an eviction notice. | 3 to 7 days |
| Eviction Notice Period | After serving the eviction notice the tenant has a set number of days to either pay rent, correct the violation, or vacate. | 3 to 7 days |
| Post-Notice Action | If the tenant does not comply with the notice's timeframe, take legal action and file with the court. | 1 to 4 weeks |
| Court Proceedings and Final Eviction | After judgment, a court provides a writ of possession, specifying the final deadline for the tenant to vacate. | 1 to 4 weeks |
Eviction Time By State
The timeline for an eviction depends on state laws and legal proceedings. Below is the average time for an eviction in each state.
| State | Average Length of Eviction Process |
|---|---|
| Alabama | 4 weeks to several months |
| Alaska | Up to 8 weeks |
| Arizona | 1 to 6 weeks |
| Arkansas | 6 to 8 weeks |
| California | 5 to 8 weeks |
What Affects the Eviction Timeline?
How long it takes to evict someone depends heavily on the details of your eviction case. National holidays and weekends can also affect the timeline, depending on state laws and court office hours. The exact timeline varies according to the type of lease violation, required notice periods, court availability, and tenant response.
Reasons for an eviction
Lease violations such as unauthorized pets, property damage, or non-payment of rent may warrant eviction. Depending on the violation, provide the tenant time to remedy the issue. In cases that require an eviction, decide the best course of action according to the following situations:
- Lease termination: If you don’t renew at the end of the lease term, you must give tenants a notice period. Typical notice periods are 30 or 60 days and appear in the original lease agreement.
- Termination without cause: Landlords can evict tenants with a month-to-month rental agreement by providing the required notice.
- Termination with cause: Evicting a tenant for failing to pay rent or other violations requires written notice. Some states require dual notice, which provides a “cure or quit” notice and a five-day unlawful detainer.
Eviction and lease violation guidelines vary by state. Check for required notices, causes, and procedures in your local laws.
State-Specific Notice Periods
Each state requires waiting periods between the eviction notice and the eviction order. States often give waiting periods to allow the tenant time to respond to the notices or provide payments and solutions. They also mandate a waiting period for the tenant to leave after receiving the final notice. These periods vary between one to 30 days.
Tenant Response
If the tenant responds to and disputes the eviction suit, the process will take longer and require more extended proceedings. These disagreements cause additional legal actions and extend the court processes.
If they don’t respond, the landlord can ask the judge to decide without the tenant’s input. No response or petition from the tenant makes for a shorter court timeline.
Court Backlog
The court backlog and available dates may prolong the eviction process. Scheduling any necessary county court appearances as soon as possible helps to expedite your case. Ensure you follow the proper notice terms and aim to get court dates as soon as possible.
Each state or local jurisdiction also requires landlords to file paperwork for the eviction suit. Work to prepare, organize, and present your paperwork promptly. Correct documentation, such as the notice to pay rent or remedy, can prevent delays.
Whether the Tenant Fights Eviction
If the tenant disputes the eviction lawsuit, you may need additional court hearings, proof of violation, or waiting periods. Common delays and requests from tenants attempting to fight an eviction include:
- Continuance: A judge may grant a continuance to postpone the trial date by one to 12 weeks. This allows extra time to gather evidence, pay rent, or vacate independently.
- Stay of execution: The judge may give an extended stay of execution to families, special needs tenants, or those in extenuating circumstances. Depending on location and circumstances, a stay of execution may last from one month to one year.
- Appeal: If a tenant files an appeal, the process includes more eviction proceedings, and the tenant may stay on the property during the appeal process. An appeal causes an average delay of two to seven months.
Common Delays in the Eviction Process
Understanding mistakes that delay eviction helps you evict tenants as quickly as possible. The most common factors that slow down the eviction process include:
- Improper notice: Starting with an improper notice or failing to provide one may result in having to start the process over.
- Tenant requests: Tenant requests for continuance, appeal, or postponement prolong the eviction process.
- Court scheduling: Coordinating court appearances takes time and may lengthen the eviction timeline.
- Legal missteps: Failing to follow the legal process may allow the tenant to avoid or prolong eviction.
- Paperwork issues: Failure to provide binding and written documentation of notices, lease agreements, or disputes may stall the court’s ability to make a decision.
Collecting back rent from tenants during this process may invalidate your eviction case.
How to Speed Up the Eviction Process
Consider these steps to speed up the eviction process:
- Expedited eviction laws: States like Missouri, California, and Florida allow expedited evictions in cases of illegal activity on the property.
- Proper filing: Filing eviction court forms with a late rent notice, and an eviction notice makes it easier to evict. Court processes also prove more effective and efficient than self-help eviction methods.
Almost all states made self-help eviction methods illegal. Avoid self-help methods such as changing locks or shutting off utility services.
Legal Templates provides customizable, lawyer-reviewed eviction forms. These forms allow you to notify tenants of the eviction and guide you through the process.
Alternatives to Formal Eviction
Completing a formal eviction process takes time and resources. If you want to remove tenants, you may consider alternative methods, such as:
- Mutual lease termination: A mutual termination allows the tenant and landlord to end the lease early with agreed-upon terms.
- Repayment plan: Arrange a repayment plan for the tenant to compensate for unpaid rent.
- Cash-for-keys agreement: Provide a lump-sum payment to motivate tenants to move out independently.
Using an alternative method can also help you save on the overall costs of an eviction.
Frequently Asked Questions
What happens if my tenant refuses to leave?
If your tenant refuses to leave after an initial notice, file an eviction suit to get an order from the courts. If they refuse after the eviction order, law enforcement, such as a local sheriff, can escort them off the property.
How long does it take to evict a holdover tenant?
It usually takes 2 to 4 months to evict a holdover tenant, depending on your state’s notice period and how quickly the court can schedule your case. Legal Templates can help you draft a compliant notice to get started.
How long does the court proceeding for an eviction last?
On average, court proceedings for an eviction lawsuit last two to three months. This includes the time necessary for the landlord to file a petition, receive and serve eviction documents, and get a response from the tenant. Complex cases with appeals, continuances, or jury trials may take longer than usual.
