How long does the rent eviction process take?

by **zadok** » Sat Oct 29, 2011 9:01 pm

My mother was injured and hasn't worked in over a month, my father's business has literally no work. They fell behind on our rent. Regardless, the owner wants us out of this house. Today my dad is supposed to submit a defense (a document) in response to the failure to pay rent. Anyways, how long does this whole eviction process take? This is a huge house, with a lot of stuff to move, and people as well. We are not trying to be deadbeats, we just can't end up homeless! We are broke at this point and need another place to live.

by **clem84** » Sat Oct 29, 2011 9:04 pm

You have from 5 to 7 more days.

Unless he has a legal excuse for not paying rent he has no defense. Deciding that the landlord should be supporting him because he is a failure will not work. Your parents are not entitled to keep the landlords money like that.

by **aviya** » Sat Oct 29, 2011 9:08 pm

In the 3 evictions that I've had to do over the years. I'd say an average time is 2 months from start to finish.

In all my cases, at the hearing the judge gives the tenant a week or so time to move out on their own. If the tenant is still there, I the landlord take the court order to the county Sheriff's office to do the phyiscal eviction. It usually took the Sheriff's office 2-3 to get to your evicition and then they have to coordinate with one of the county's approved moving companies that you made arrangements with to move the tenant's personal property.

by **garbhach65** » Sat Oct 29, 2011 9:11 pm

There is no set in stone # of days anyone on here can give you. It all varies by were you live.

The landlord is required to serve you a 3 day notice in most states. Some states require as 5 day. The landlord has to file in court on the 4th (or 6th) day then you get a court date set. How long that takes really varies by location. In some areas you could get a hearing the following week but it can take much longer in big cities. At the hearing the court will give you a date to be out by. That varies by judge. If you are still not out then the sheriff will come & remove you from the property.

You can go to your local court house & get a general idea of how long the process takes in your jurisdiction.

by **egann** » Sat Oct 29, 2011 9:13 pm

It's just court date. Not "court date". Don't use quotes, you don't know how.

Court date could be a month from now, could be next week, depends on how backed up the courts are. They could have as long as 2 weeks after the court date to vacate, as short as a few days.

by **fyfe** » Sat Oct 29, 2011 9:20 pm

Depends completely on your county (which you failed to provide) and how savvy your landlord is. At this point, could be anywhere from a week to a month.

We cannot answer your question if you do not provide relevant information.

by **luther** » Sat Oct 29, 2011 9:36 pm

After the court date, the judge will usually give 48-72 hours to vacate.

by **erwin** » Sat Oct 29, 2011 9:56 pm

After the court date, the judge will usually give 48-72 hours to vacate.

In FL, it takes 4 - 6 weeks from the 3 Day Pay or Quit notice to get non paying tenants out.

by **tanishia** » Sat Oct 29, 2011 10:02 pm

In my town the Justice gives the tenant 1 week to vacate.

by **garbhach65** » Sat Oct 29, 2011 10:11 pm

In my town the Justice gives the tenant 1 week to vacate.

The reason your getting such different answers is there are lots of variables that effect this.

The lease your parents signed, this could include provisions for eviction, meaning the time you have to vacate after eviction might be in the lease.

Some lease agreements include a stipulation for the use of your security deposit if you don't pay and give you another 30 days.

If your parents paid First AND Last months rent before moving in that should give you a month after the first missed rent.

The eviction laws are different from state to state, so the state your in will matter to how long you have.

A big city might have a long wait for a court appearance, a small town might do it the same week.

There are just so many things that can effect this...It's hard to give a specific answer without knowing the details...

I'm sorry that your family is in such a scary position. It's really sucky that your family might be homeless...But, you might want to get ready to face that. It's better if you plan it, prepare for it. Don't wait till the last min. It can happen, and most shelters are absolutely packed right now, and many have a waiting list.

If it's a big house with lots of stuff, and your broke and about to be homeless-you should probably consider selling it all. Better then losing it all and getting nothing for it. Just a thought.

Sorry I can't be more help, good luck.

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