How Long Does An Eviction Take?

How Long Does An Eviction Take: 21 to 90 Days


The eviction process from the end of the notice period can take from five weeks to three months, assuming there are no delays. Consider speaking with a landlord-tenant lawyer in your area if you have additional questions or need legal assistance

Here is a simple formula:

 

If the Renter Does file an Answer:

Give Notice: Day 1

Notice Expires: Day 4 (for a 3 day notice),  Day 34 (for a 30 day notice), Day 64 (for a 60 day notice), Day 94 (for a 90 day notice)

File Lawsuit: Day 5 (for a 3 day notice),  Day 35 (for a 30 day notice), Day 65 (for a 60 day notice), Day 95 (for a 90 day notice)

Defendant’s Answer: Day 10 (for a 3 day notice),  Day 45 (for a 30 day notice), Day 75(for a 60 day notice), Day 105 (for a 90 day notice)

Trial Date:  Day 30 (for a 3 day notice),  Day 65 (for a 30 day notice), Day 85(for a 60 day notice), Day 115 (for a 90 day notice)

Sheriff’s Lock Out: Day 45 (for a 3 day notice),  Day 80 (for a 30 day notice), Day 100 (for a 60 day notice), Day 125 (for a 90 day notice)

 


If the Renter Does NOT file an Answer:

Give Notice: Day 1

Notice Expires: Day 4 (for a 3 day notice),  Day 34 (for a 30 day notice), Day 64 (for a 60 day notice), Day 94 (for a 90 day notice)

File Lawsuit: Day 5 (for a 3 day notice),  Day 35 (for a 30 day notice), Day 65 (for a 60 day notice), Day 95 (for a 90 day notice)

Sheriff’s Lock Out: Day 25 (for a 3 day notice),  Day 55 (for a 30 day notice), Day 85 (for a 60 day notice), Day 100 (for a 90 day notice)

This all depends on if your tenant decides to contest the matter or not. On average, it’s a 50/50 percent on cases being contested or defaulted. If the tenant does not respond or contest the matter, possession is granted by default. If the tenant does respond, then possession is granted by the judgment at trial.

How many days from the time the eviction case is filed all depends upon the courts and which California County you are in. California went through a series of court closures a few years ago and some counties basically went from fifteen filing courts to only five which has had a huge impact on the time frame of how long an eviction takes.

Generally, it can take between thirty-five and sixty days if the eviction is not contested by the tenant. If the tenant contests the eviction, it can then take between sixty and ninety days.

However, it must be understood that the notice process contributes to the total time the eviction process takes from the time of first serving the notice. In other words, if you serve a tenant a 60 Days Notice to Vacate the time frame for the Unlawful Detainer runs after that 60 days expires.

So how long the eviction process takes is dependent upon when the Unlawful Detainer is actually filed with the court – and depends upon the California County you are in. For example, one week the courts can be backlogged for two weeks. A couple weeks later it’s relatively open. We don’t have control over the court.

At this point, how the case proceeds depends upon whether or not the tenant contests the eviction. If the tenant contests the eviction, then the judge will make a decision rendering a judgement. If the tenant does not reply to the Eviction Notice, the Court Clerk will file a default judgement. Whether you receive a judge’s ruling or a default ruling, a Writ of Possession is then issued by the court.

The Writ of Possession goes to the Sheriff’s office. The Sheriff then posts the Writ of Possession on the defendant’s door notifying them that they have a specific date and time they have to be out of the property. The Sheriff will then schedule a lock-out time with the owner – which is the day the landlord locks and retakes possession of the property.

Landlords often become frustrated at the list of laws and rules they must comply with. The reason behind the strict compliance of laws by Landlords is that an eviction case is a relatively fast legal process compared to most types of civil law procedures. With that being said, the tenants also know they have rights and are pushed with free legal advice to use to their advantage.

Also, a tenant’s legal right to their residence is possibly one of the most important issues that appears regularly on the court docket and lawmakers have taken care to be certain that tenants get adequate notice and the opportunity to fully respond to the action.

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