why do evictions take longer with a lawyer

Actions that Prolong the Eviction Process – Some things cause the eviction process to take longer, such as requesting a jury trial. Speeding Up the Process – Several states have an expedited/emergency eviction process. Avoiding an Eviction – The quickest way to remove a tenant from the rental unit may be by talking with them.

Full Answer

How long does it take to evict a tenant for eviction?

Tenants are afforded legal rights that, when abused, can be used to delay the eviction for months. First, the tenant has the right to contest the grounds for the eviction. The landlord will claim that the lease was broken, or a law was violated. Either way, the judge must be convinced that there is good cause to boot the tenant.

What happens if a tenant wins an eviction case?

The reason those exist is to protect tenants. If you are threatened with evicition, the law deems it fair for you to get formal notice that an eviction procedure has been started against you. And the law deems it fair to give you some time after you get that notice to get a lawyer and to prepare to fight the eviction if you so choose.

What is a legal reason to evict a tenant?

Mar 07, 2019 · A landlord must have a legally sufficient reason to evict a tenant. These include: If it is the end of the lease period and the landlord does not wish to renew. If the tenant violates a term or terms in their lease, which includes not paying rent. If the tenant is conducting illegal activity in the property.

How does the eviction process work in the US?

A tenant may delay proceedings by filing for: Hardship; Bankruptcy; A tenant can create many obstacles to delay proceedings. Our lawyers have a track record of helping landlords take charge of their rental units, while remaining in compliance with New Jersey’s stringent landlord-tenant code. A landlord should prepare accordingly.

How do Evictions Work?

An eviction is a legal process that starts with an official termination of a lease by a landlord. Landlords are required to give proper notice of t...

How long does it take to evict someone?

The length of the eviction process varies, but barring any unforeseen delays, it takes about five weeks to three months to evict a tenant.

How long does it take to evict a tenant in NYC?

The average amount of times it takes to evict a tenant in NYC is about three months, though in some cases it may take six months or longer.

What are the reasons a landlord can evict a tenant?

A landlord must have a legally sufficient reason to evict a tenant. These include: If it is the end of the lease period and the landlord does not w...

What do I do if I am evicted?

If you are evicted you must vacate the property by the assigned date. At Bennett Movers, we offer eviction services that help tenants navigate this...

How long do you have to move out after eviction?

An eviction notice should outline how many days a tenant has to vacate an apartment. With or without a lease a renter should expect to have 30 days...

What does a Notice to Quit mean?

A Notice to Quit tells a tenant they must comply with the conditions of their lease or the tenant must give up (quit) their rental property. A noti...

Can a landlord evict you without going to court?

In the state of New York, a landlord must file an eviction lawsuit in order to evict a tenant. After the lawsuit is filed, a hearing will be held f...

Do you have to pay back rent after eviction?

A tenant who has been evicted may still be held liable for any past due rent. A landlord has the right to sue to claim the rent they are owed.

What are your rights as a tenant without a lease?

Tenants without lease agreements have many of the same rights as renters with leases. For instance, in the state of New York, the legal eviction pr...

How long does it take to evict a tenant?

Depending on the cause of action you are pursuing to remove a tenant from your rental, the eviction process takes time, and it could be up to two months before you can rerent the apartment. If the eviction is for nonpayment of rent, however, it can be instituted immediately without any notice to the tenant. The court calendars in most southern New ...

How long does it take to sell abandoned property?

After an eviction or a tenant has voluntarily vacated, the landlord is required to follow the Abandoned Property Act. This requires the landlord to wait 30 days from the date the tenant vacated before selling or disposing of property left behind, at the tenant’s expense.

What is self help eviction?

A self-help eviction is when a landlord circumvents the legal system and removes their tenant themselves. This is often accomplished by changing the locks when the tenant is out of the home.

How long does it take to get a tenant out of a house?

Expect for it to take at least 30 days for the eviction to go through, but be aware that it can take up to 90 days to get your tenant out.

What is a constructive eviction?

Constructive eviction is when a landlord makes it so uncomfortable for a tenant to live in a space that they feel they have no other option but to leave the apartment. This is accomplished through failure to make repairs, creating a nuisance such as excessive noise, or through harassment.

What is a writ of eviction?

The writ specifies the precise date and time in which the sheriff will be at the property to officially evict the tenant. In most cases, you are permitted to be there when the sheriff comes to remove the tenant. At this time you can re-key the lock and take possession of the property again.

Why do people become landlords?

There are many great reasons to be a landlord. It’s an investment that gives you a steady stream of income for a long period of time. On top of that, the property you own builds equity and you can sell it for a profit when you want out of the game. As a landlord, you put forth a good faith effort to make sure that your tenants have a safe ...

What is the biggest expectation of a tenant?

The biggest expectation you have of your tenant is to pay their rent, but they also have to uphold the entirety of their lease if they want to continue living in your property . One way your tenants can be in breach of the lease is if they have unauthorized tenants living in their home.

When is rent due in a lease?

Leases specify a particular date and time in which your tenant is expected to pay rent each month. Rent is usually due on the 1st of the month, but many landlords accept rent through the 5th without charging a late fee. Any rent collected after the due date is subject to a late fee.

What happens at an eviction hearing?

At the eviction hearing, whether it’s the first hearing, the second hearing, or a jury trial, one of two things can happen: 1 The court rules in favor of the tenant 2 The court rules in favor of the landlord

How long does a tenant have to give notice of eviction?

The notice period is typically tied to the type of tenancy, with week-to-week tenants usually receiving 7 days’ written notice and month-to-month tenants typically receiving 30 days’ written notice. NOTES.

What is the first step in evicting a tenant?

Step 1: Lease Expires or Is Violated. Landlords can evict tenants for a variety of different reasons depending on the state. Typically, landlords must have a valid reason to evict a tenant unless the lease/rental agreement has expired, such as nonpayment of rent, illegal activity, and lease violations.

What is illegal activity?

Illegal Activity. Illegal activity could include anything from possessing and/or selling/manufacturing controlled substances, to gang activity, assault, felonies, murder, and domestic abuse. Each state has its own regulations about what constitutes “illegal activity” for eviction purposes.

How long does it take to get an eviction notice?

This part of the process can take anywhere from 3-30 days or longer, depending on the state, the reason for the eviction, and whether or not tenants are required to file a written response. Answer. A written answer is the tenant’s opportunity to explain to the court why they should not be evicted.

Can a landlord evict a tenant for not paying rent?

Landlords are allowed to evict a tenant in most states for failing to pay their rent on time. “On time” means different things in different states, with some states allowing grace periods for late rent while others don’t.

What happens if a tenant moves out of a lease?

For those states, if the tenant moves out or corrects the issue that caused the lease violation prior to the deadline given in the notice, then the tenant will not be required to move out and the eviction process will be stopped.

How long does it take to evict a tenant in California?

Evicting a tenant in California can take about 5-8 weeks (or more) depending on the reason for the eviction, and how (or how quickly) the tenant was served the summons and complaint. If tenants request a stay of execution, the process can take longer ( read more ).

How much does it cost to evict a landlord in California?

As the next step in the eviction process, California landlords must file a complaint in the appropriate court. In California, this can cost between $385 and $435 in filing fees and an additional $40 to issue a writ of execution.

How long do you have to give notice of termination of lease in California?

In California, landlords must either give 30 or 60 days’ notice.

Do you have to answer an eviction complaint in California?

In California, tenants are not required to file a formal, written answer to an eviction complaint; however, a landlord is required to wait out the legally required “answer period” before moving forward with the eviction process.

What is a Writ of Execution?

The Writ of Execution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.

How long do you have to give notice to quit a rental?

Less than one year – If a month-to-month tenant has lived in the rental unit for less than one year, a landlord must provide the tenant with a 30-Day Notice to Quit.

How long do you have to move out of a property in CA?

Tenants have 5 days#N#2)…if the real property is not vacated within five days from the date of service of a copy of the writ on the occupant or…within five days from the date a copy of the writ is served on the judgment debtor, the levying officer will remove the occupants from the real property and place the judgment creditor in possession.#N#CA Code of Civ Proc §715.10 (2019)#N#to move out once they have been served with a copy of the writ of execution. If a tenant does not move out within that period, the sheriff will return and forcibly remove them.

Never Try It on Your Own

How The Eviction Process Works

Non-Payment Eviction

Hold-Over Eviction

• Two things have to be in effect for a hold-over proceeding: 1. Non-payment of rent is NOT the primary grounds for a the eviction. 2. There is no written lease in effect for a term not yet expired. In other words, if the term of your tenant’s written lease agreement has not yet expired, you generally cannot evict him or her unless the tenant stops p...

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Steps to An Eviction

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