How long does the eviction process take for an apartment renter?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long does the eviction process take for an apartment renter?
Is there any way to stall it?
Asked on June 15, 2012 under Real Estate Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First of all, nothing can be done until you are officially in "default". That means that you haven't paid your rent when it is due or in some other way have breached the terms of your tenancy. At that time your landlord can serve you with a notice to quit (depending on the state and circumstances it typically can be from 3-30 days). If you fail to pay cure the breach, then your landlord will need to file for an eviction proceeding in court. Accordingly, you will receive a summons to appear and will have 5 days to answer it. If you fail to do so, your landlord may file for a "Motion for Default" and proceed with obtaining a final judgment for possession (or you could fight it and get a trial date; this could buy you another couple of weeks ). After entry of the judgment, the clerk of the court will issue a "'Writ of Possession" (or your state's equivalent") to the Sheriff directing them to put the landlord in possession. This whole process typically takes between 14-21 days or more. Bottom line, it could well take 4-6 weeks (or more) for you to be physically put out of the premises.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.