|
Q.How does the eviction process work?
A.Well that would be awfully lengthy discussion, so we will do it in brief. The eviction process begins with a notice (3-Day Notice to Pay or Quit, 30-Day Notice To Vacate, or 60-Day Notice To Vacate). If the tenant does not move out by the end of the notice period, the landlord can file a lawsuit called an unlawful detainer ("UD").
After the UD is filed, the landlord must have the tenant served with the Summons and Complaint which takes anywhere from 1 to 10 days. Once the tenant is served the tenant has ONLY 5 DAYS to answer the complaint. If the tenant doesn't respond, the court will enter a default judgment in favor of the landlord and the tenant will be evicted by the Sherriff unless the tenant quickly files a Motion For Relief from Default.
If the tenant responds to the initial Summons and Complaint within the 5 day period with a motion to quash for improper service, a demurrer, or an answer (along with any demands for discovery), then either party may request a trial before a judge or jury and the trial must occur within 21 days of the demand. Upon the conclusion of the trial, the court will render its verdict.
If the court rules in favor of the tenant, the matter ends. If the court rules in favor of the landlord, the court will order the tenant out by issuing a "writ of possession" and award the landlord monetary damages for such items as unpaid rent, damages, court costs and attorneys fees (if the rental agreement has an attorneys fees clause). The court clerk will then send the order to the Sheriff or Marshall. Within one to three days, a peace officer will deliver a 5 day notice to the tenant demanding the occupants of the rental unit vacate or be evicted. Upon expiration of the 5 days, the peace officer will physically remove the tenants and restore the landlord to possession. The peace officer will not, however, move or accept responsibility for any of the tenant's personal belongings which may remain on the premises. The evicted tenant(s) will then be given 15 days to reclaim their personal property.
Depending on what the landlord does and how the tenant responds, the whole process typically takes between one and three months. This is why landlord's are often advised to avoid the eviction process if at all possible.
|
|
