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Martie | What is the procedure for a landlord to evict someone from their apartment? |
I am wondering if the laws differ in every state? Also, how long does one have to come up with the rent before an eviction notice is served? I don't have 2 nickels to rub together and the new month is coming soon. |
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JB
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Its usally 30 days. The land lord will go to court They will get the sheriff involved after that and you can be physically removed from the premises. Maybe talking to your land lord ahead of time could help. Set a time line with them on when you will have the money. |
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mary
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Your landlord will have to first give you a eviction notice, then file with the court. The court process usually takes 2 to 3 weeks. For none payment of rent landlords only have to give you a 72hr notice before filling with the court. Then depending on the judge you will get anywhere from 7 to 30 days to vacate. |
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realestatelawyer
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If the landlord is going to start eviction proceedings for non-payment of rent then they must first give the tenant a 3, 5, 7 or 10 day notice to pay or vacate the premises. (The time period depends on the state law.)
If the tenant does not pay within the time period then the landlord files a lawsuit for eviction in the county court. When the landlord obtains a judgment for possession in court then they must request that the sheriff or constable perform the eviction. The time period for the court hearing and the actual eviction can be anywhere from 2 weeks to 3 months, depending on your location.
If the tenant pays all rent, late charges, court and legal fees before the sheriff comes to perform the eviction then the eviction gets cancelled. |
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bostonianinmo
 |
The laws vary somewhat from state to state. Generally you can be evicted for non-payment of rent as soon as you're late. Normally the LL must give you a 3-day notice to Pay or Quit and can then file eviction proceedings in court as soon as the 3-day period expires. A few states require 10 days notice for non-payment but that's generally the exception.
For other lease violations where eviction would be an appropriate remedy such as not maintaining it in a clean and neat fashion or damaging the property a 30-day Notice to Cure or Quit is generally required. If you haven't corrected the deficiency by the end of the notice period the LL may proceed with the court case against you.
The time it takes to complete an eviction varies, both from state to state as well as the reason for the eviction. From as little as 25 days for non-payment in some states to up to 6 months for un-named occupants in other states.
For non-payment of rent, there is no requirement for the landlord to wait 30 days to start the ball rolling as others have stated. As soon as you're one day late the LL can start the eviction process. Most will give you longer than that and your lease may allow a grace period but there is no legal reason that the landlord has to wait while losing money. |
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kate
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Common is 30 day notice but it varies by state & landlord .
> |
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yummyyam10
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Laws do differ in every state. Usually it takes up to 3-15 days to come up with the rent before an eviction notice is served.
Usually the procedure of eviction goes like this:
1) an implied notice from the landlord (orally given, informed by voice)
2) a written document (invoice, notice, letter of eviction, etc) usually effective for 30 days
3) court judgement /proceding/ rule
4) eviction of posession by court rule: this is when the landlord hires a third party to claim your belongings or pack them on the side. this happens when the tenant has a court judgement against him that is effective.
what you can do as a tenant:
1) if you are going through court ask for an extension of time. this can be done if you have suffered from sickness, job layoff,children, live with an elderly family member. a lease or tenancy eviction maybe postponed if you have children or have an elder.
2) go to your local library to research your local tenancy/rent laws
3) provide all documentations of payment- checks (cancelled/voided do apply), satisfied invoices, bills, money orders etc. anything that provides evidence of good payment
4) withhold rent- you can withhold rent if a specific issue is not solved by date by giving the landlord reasonable time to comply w. request, depending on the problem.
5) contact your employer or if you are unemployed, inform your land lord of your situation, to garnish your unemployment check
6) seek federal housing aids.
Good luck |
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SCSU/AMA Junior
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They do differ from state to state but here is a good resource: How Evictions Work: What Renters Need to Know |
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Bob D
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Usaully 30 days notice you need to check the laws in your state for the exact procedure. |
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Mel
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Yes, it goes by the state (search landlord tennant laws and your state). I think most or all states they require the landlord to take you to court before you are evicted and if you bring the money to court and pay the landlord, they will not evict you. So, ignore an eviction letter until you recieve one from a sheriff or the court (but, double check that info as I do not know your state). I know for a fact this is true for Florida, New Jersey, New York, and Virgina. |
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