Landlord/Tenant Matters

Generally speaking, there are two types of evictions: 30 day and 7 day. The appropriate eviction will depend on the reason for the eviction.

30 Day Eviction

A landlord would use a 30 day eviction if there was no lease agreement, and the landlord wanted the tenant out (not rent based), if there was a lease and the tenant violated a term in the lease agreement (not rent based), or the lease has expired. The first step a landlord must do is file a “Notice to Quit.” This will give the tenant 30 days to move. After the 30 days have expired, if the tenant is still at the residence, the landlord must file a complaint for eviction. Then there is a court date where the judge will issue a judgment for possession. The tenant has 10 days from the date of the judgment to move out. If the tenant still has not moved out, a writ of eviction is filed with the court and the sheriff’s department forcibly removes the tenant, which usually takes a few days. In total, the eviction process takes 2 or more months.

7 Day Eviction

A landlord would use a 7 day eviction for back payment of rent. The process is the same as the 30 day eviction except for two important details. First, the “Notice to Quit” is only 7 days instead of 30 days. Second, in this type of eviction, after the court date, the tenant has 10 days to either move or pay the back rent. If the tenant pays the back rent, he will be allowed to stay in the residence. In total the eviction process could take more than one month.

For a comprehensive summary of laws and guide to landlord tenant and rights please see the following link.

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