ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Landlords

How long does the eviction process take?

After the notice period expires, the landlord may file a lawsuit alleging forcible entry and unlawful detainer. The court will assign the case for trial as a summary proceeding (meaning an expedited, quick process). The trial may be scheduled as soon as two weeks after the suit is filed. Assuming proper service of the summons and complaint on the tenant, the court will render judgment after a default proceeding (if the tenant does not show up) or a trial (if the tenant does contest the suit).

In some states, the judge can order eviction immediately at the end of the trial. But the court customarily gives the tenant time to move out, usually one to four weeks. If the tenant remains after that period, the landlord has to hire the sheriff or marshal to carry out a forcible eviction. That will take several weeks more. Further delays are possible if the tenant files a motion for more time or objects to the court determination. Eviction may take longer if the tenant is being evicted during the winter months. Some municipalities prohibit eviction if the temperature falls below a certain level.

Thus, the eviction process from the end of the notice period can take from five weeks to three months. And that assumes there are no delays.