How Long Does It Take to Evict a Tenant?
It depends upon the reason for eviction and the length of the tenant’s occupancy
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.
Understanding of Rules and Laws for Landlords
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.
Please note, anything that comes out of Fast Eviction Service’s office happens within 24 hours and is professionally handled by a qualified Eviction Attorney to make sure your eviction case advances as quickly as possible.
- How to Evict a Tenant – Fast!
- What are Landlord Rights?
- Define Eviction, Unlawful Detainer
- What are the Reasons for Eviction?
- What is the California Eviction Process?
- What is an Eviction Notice & How Many Days Notice?
- How to Serve & File an Eviction Notice
- How Much Does it Cost to Evict Someone?
Common Eviction Mistakes That Landlords Must Avoid
Eviction is the only legal procedure to regain possession of your rental property from a tenant. Landlords must understand that each state has its own specific set of rules for tenant eviction. Any failure abiding by these rules on the landlord's part can result in legal problems and delays resulting in the entire eviction process being thrown out of court and requiring it to be restarted afresh - costing you more lost time and money. Read More...
Top Ten Reasons to Do an Eviction
Under California Law, the top ten reasons for eviction are: Non-payment of rent, non-payment of security deposit, failure to pay late rent fee or utility charges, unauthorized occupants, pets, hoarding or creating messes, alteration to the premises. illegal subletting, noise, and illegal activity such as drug dealing or gang activity. Read More...
Pros and Cons of Hiring Professional Landlord Eviction Services to Deal with Your Tenant
Tenant eviction involves many legal details. You first have to properly serve the correct notice and give the tenant time to respond. If they do not, then a case has to be filed in court with an eviction notice and request a hearing. If as a landlord you miss out on any details, the judge may rule the case in favor of the tenant and you have to start the process over again costing more time and money. Read More...