How Long Does It Take To Evict Someone?

Eviction is an ordeal that every property manager hopes to avoid. Evicting a tenant is a time-consuming, headache-inducing process for property managers. If you are unfortunate enough to land uncooperative renters, they may not only pay rent well past the due date, but they may also destroy your rental unit, costing you significant financial trouble.  

Understanding the typical eviction timeline, key steps, and best practices can help minimize delays and ensure you follow legal procedures. This blog post includes a breakdown of what to expect – including how long it takes to evict someone – and some helpful tips to streamline the process.

Timeline for eviction and how long each part of the process takes

The length of time it takes to evict one of your renters can vary depending on your location, the specific circumstances of the situation, and whether they challenge the eviction. However, the typical eviction process includes the following (*Note – timeframes below are estimates):

Provide notice to vacate (3–30 days)

The first step is to provide the tenant with a written notice to vacate the property. The notice period can range from three to 30 days, depending on local laws and the eviction reason. A “Pay or Quit” notice, for instance, could give renters a few days to settle on past due rent, while a “Cure or Quit” notice for lease violations could allow additional days or weeks for the tenant to correct the issue.

File an eviction lawsuit (1–2 weeks)

If your renter doesn’t act in accordance with the notice, you can file an eviction lawsuit. The time to file varies, but in most cases, you can expect this step to take about one to two weeks after serving the eviction notice. 

Court process (4–6 weeks or more)

Once you file the lawsuit, the court will set a date for a hearing. This step can take anywhere from a few weeks to several months, depending on how busy the court system is then. Usually, it takes somewhere around four to six weeks for the hearing to be scheduled. If the tenant disputes the eviction, it could take longer as evidence is presented and possibly drawn out over the course of multiple hearings.

Eviction order/enforcement (1–4 weeks)

If the court rules in the property manager’s favor, an eviction order will be issued. The renter is usually given a set number of days to leave willingly, typically seven to 14 days. If they refuse to leave, law enforcement (often a sheriff) will help carry out the eviction, which can take an additional one to four weeks, depending on scheduling availability. 

How to speed up an eviction timeline

Know your local laws. Every state and sometimes city has specific rules governing evictions, such as notice periods, court procedures, and legal document requirements. Become familiar with these rules to avoid missteps that could delay everything.  

Document, document, document. If you are evicting a renter, documentation is essential. Maintain detailed records of rent payments, lease agreements, all communications, and any violations or issues that triggered the eviction. These records can support your case in court if you need further evidence.

Follow the proper notice steps. Make sure to serve the eviction notice correctly. In some geographic locations, you must deliver notices in a specific way—like in-person or certified mail. Doing it the wrong way can invalidate your case and lead to delays.

Before rushing to court, consider mediation. In some cases, mediation can resolve an issue without going through the motions of a full-court scenario. If you negotiate specific terms, some tenants may be more willing to move out willingly, such as giving them extra time or forgiving some of the unpaid rent. It may also be less expensive to go this route.

Reasons an eviction timeline can slow down

Numerous factors can hold up the eviction process for property managers, leading to delays that draw out the eviction timeline. 

Here are some of the most common reasons why the timeline may slow down:

The renter disputes the eviction. If the tenant disputes the eviction, the process can drastically slow down. If tenants file responses or counterclaims, courts may schedule numerous hearings to hear both sides, which also prolongs the timeline.

Court scheduling bottlenecks. Often, courts that handle eviction cases can get backlogged, especially in busy urban locations, resulting in lengthy waits for hearing dates.   

Document errors or improper filing. Another common reason for delays in the eviction process – filing mistakes. You must ensure that all forms, including the eviction notice, lawsuit paperwork, and other required documents, are filled out correctly and filed promptly. If you inadvertently make any errors in the paperwork or if the documents are missing, the court could dismiss the case, forcing you to start the process again.

Delays in serving the eviction notice. It’s important to understand that the eviction process officially starts when the renter receives the notice. If you fail to serve the notice correctly, the case can be delayed, and the eviction will not move forward until your renter is properly notified.

The renter requests more time. Tenants can ask for extensions for a variety of reasons, including needing more time to prepare their explanation or due to health or financial situations. Courts may grant these extensions, especially if the renter can prove they are actively working to resolve the problem.

Eviction delays due to bankruptcy filing. The eviction process is automatically paused due to an “automatic stay” if a renter files for bankruptcy. This legal stay pauses collection efforts, such as evictions, while the bankruptcy case is dealt with.  

The renter fails to leave after the eviction order. You may face delays if your tenant refuses to leave even after winning an eviction judgment. In this situation, law enforcement must carry out the eviction order. But it’s important to realize that local authorities may also experience delays in scheduling the physical removal of the renter, further slowing down the process.

The Bottom Line: Stay Proactive

Evicting one of your renters is never ideal or easy; however, with the right approach, you can navigate the process more effectively. And hopefully, prevent evictions altogether.

The key is to know your local laws, maintain proper documentation, and be prepared to act fast if things go south. Taking a proactive stance with tenant screening and lease agreements can minimize the chance of facing an eviction in the future.

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