Compared with other legal processes, eviction happens quickly, in as little as 20 days in some cases and rarely longer than 90 days. However, eviction laws vary considerably from state to state, and anyone facing eviction should seek information from a lawyer regarding the laws in their jurisdiction.
The first step in the eviction process is the landlord bringing the tenancy to a close, which is done with a formal declaration called an eviction notice. Eviction notices can be issued for a variety of reasons. The most frequent reason for an eviction notice is nonpayment of rent. Another reason for an eviction notice is violation of a lease. In most cases, the tenant is permitted a grace period to correct the issue, which would end the eviction process at that point. In instances when a tenant has committed a serious breach of lease (significant property damage) or violated the law, the landlord can often evict the tenants without risk of recourse. Many states also provide provisions under which a landlord can evict tenants without stating a cause. Most eviction notices give the tenants 30 or 60 days to get out.
Court Filing
The next step in the eviction process is the landlord filing an eviction action with the court. This happens if the tenant fails to correct the problem or is not provided an option to correct a problem. A person other than the landlord must serve the eviction notice to the tenant; process servers typically do this job. At this juncture, the tenant has the chance to respond to the eviction notice via a form filed at the court. The response form must be properly filled out or the court can and will ignore it. The tenant may argue, among other things, that no lease violations occurred, the eviction is discriminatory or improper notice was not given regarding problems or rent changes.
Judgment and Removal
One of two things can happen at this point. If the tenant fails to file the forms, the court will give a default judgment in favor of eviction and the eviction process moves forward. If the tenant properly files a response, there will be a trial to examine the evidence and determine if eviction is warranted. If the court rules in favor of the tenant, the eviction process ends. If the court rules in favor of the landlord, the eviction will move forward. The court order must be delivered to the tenant, but it is usually delivered by the local sheriff. It informs the tenants that if they have not removed their property and persons from the premises by a given date and time, the sheriff will remove them. The tenant can either comply with the order or be removed. When the tenants and their belongings are removed from the premises, the eviction is complete.
