View Full Version : How long does an eviction take?
Reinaldo1234
Mar 25, 2008, 09:04 PM
What is the most quick legal way to evict a tenant.
excon
Mar 26, 2008, 05:31 AM
Hello R:
Most states require you to go to court. If you and the courts are both efficient, and your state landlord tenant law allows, you can probably have somebody out in 3 weeks.
You can see what your state requires by reading your state law. We have it here at the top of the page on a "sticky note".
excon
Katiegirlisme
Mar 26, 2008, 12:11 PM
First, you will have to give the tenants a notice to vacate the premises. This is a 30-day notice. They have 30 days to vacate the premises. The notice can not be verbal, it must be in writing. Post it on their door or better yet, have someone serve them in person. A notice can also be served by mail, but there is a certification that goes with this type of proof of service. I would also post it on their door, to be sure.
If after 30 days, they don't vacate the premises you can then serve them with a 3-day notice to quit (this is for non-payment, of course).
Tenants seem to have more rights than the owners, quite often so I'm not certain that you can actually get a court to rule on evicting the tenant and make them leave a property in 3 weeks, especially if you haven't given them a prior, written notice. The court will want this proof.
Kate
ScottGem
Mar 26, 2008, 12:19 PM
The rules vary from state to state. At lot depends on the reason for eviction. For example, if its non payment of rent, you can generally issue a pay or vacate notice for a 3-7 day period and be in court the day that notice expires.
If you just want to terminate the lease because its expired or expiring then you would need to give notice according to the lease provisions or state laws. That notice is usually one rental period.
Katiegirlisme
Mar 26, 2008, 01:20 PM
Scott,
I'm in California and that was what I had to do to evict my tenants. It was very, very difficult to get into that court room. Very hostile, too. Yikes, I don't wish it on anyone.
Kate:)
ScottGem
Mar 26, 2008, 04:03 PM
I'm sure you did, especially for CA. But the circumstances and laws do differ across the country. Some states are more landlord friendly, others more tenant friendly.
Fr_Chuck
Mar 26, 2008, 05:30 PM
You have to go to housing court to get a legal eviction if they people will just not move