What timelines to keep in mind when evicting a tenant

On Behalf of | Apr 22, 2024 | Commercial Litigation, Leasing

Leasing property can usually be a steady source of income but could also lead to legal problems, depending on the situation. In certain circumstances, the property owner may have no choice but to ask their tenant to leave by initiating the eviction process.

Deciding to evict someone may not take much time, but going through the steps necessary for eviction follows specific timelines based on state law. This type of proceeding does not happen overnight. Instead of immediately vacating the home, the owner must conduct the process according to these steps to keep the eviction lawful:

  • The owner must send their tenant an official notice to vacate, indicating a moving-out timeline. Depending on the lease agreement’s terms or the owner’s mortgage details, this duration can last three to thirty days.
  • After completing the required timeline, the owner can file an eviction suit and schedule a hearing at least ten days later. Then, the court will provide a judgment based on the hearing, allowing five days for the parties to appeal the decision.
  • If a party files an appeal, another hearing will occur at least eight days later. When the judge issues a final judgement, the landlord can request a writ of possession, allowing them to remove the tenant after 24 hours of posting the writ’s notice.

This process can vary based on other factors that could complicate the case, such as violations or disputes that may require further legal action.

Conducting evictions appropriately

Unfortunately, eviction may be the only choice for the owner, especially if there are safety issues that can affect other tenants on the property. In any case, seeking legal counsel can be helpful when addressing these matters, whether the case requires litigation or not. Doing so can help determine the most appropriate options for the eviction, considering the unique circumstances that may apply.