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As
a general rule, an eviction based on a 3 day pay or vacate notice should
take between 30 and 45 days from the date the notice is served to the physical
eviction date, depending on the type of notice served (a 20 day notice will
obviously take longer because of the running period of the notice). The
time will also be delayed if the eviction is set for a trial, which will
add approximately 35 days to the process. A trial in an eviction case is
very rare. What follows is an optimal time-line for an eviction based on
non-payment of rent:
The notice is served and the tenant has either 3 or 4 days to comply, depending
on how the notice was served. On the 5th day, it is turned over to the attorney
for a summons and complaint that will either go out that day or the next
day. The summons has a response date which will be 10 days out from the
day the summons goes out for service. If the process server is unable to
personally serve the summons, additional time must be added for an order
for alternative service. See the next question for more on this.
Once the summons is served, if the tenant does not respond in writing by
the response date, we can take a default judgment and obtain a writ of restitution
within a couple of days after the response date. If the tenant does respond
within the time frame, we must then schedule a show cause hearing that will
be approximately 12 to 15 days after we receive the response. Once the writ
of restitution is issued by the court, the sheriff will post the writ on
the business day after it is issued, and inform the tenant that they have
three business days, not counting the day the writ was posted, to vacate.
As a practical matter, the physical eviction will take approximately an
additional week to 10 days, depending on which county the property is located.
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