The eviction process involves several steps, varying in duration depending on the jurisdiction and type of eviction. Here is a general overview:
1. Rent Demand: If it is a resident eviction, a legal demand for payment or vacancy is issued, providing a specified date for compliance. The demand period typically ranges from 3 to 30 days, depending on the jurisdiction.
2. Filing: An eviction case is filed with the court once the demand period expires. The filing process takes 1 to 10 days, and the resident usually has 5 to 14 days to respond.
3. Summons: The court serves a summons to the resident, typically taking 5 to 21 days. The speed of service depends on the case volume and the backlog of the sheriff or the court’s process server.
4. Answer & Hearing: A hearing is scheduled if the resident answers the summons. The hearing date can range from 7 to 120 days and is affected by case volume, court backlog, and any actions requested by the judge.
5. Judgement & Writ of Possession: The court awards possession to the landlord following the hearing. A default judgment may be requested if the resident fails to answer the summons. The judgment and waiting period for the Writ of Possession typically takes 1 to 7 days for default judgments and 7 to 30 days for regular judgments.
6. Set Out: Once the court issues the Writ of Possession, it is forwarded to the sheriff or magistrate for execution. The set-out process can take 10 to 120 days, depending on the availability and backlog of the Writs.