How quickly can my landlord evict me?

An eviction must follow the steps in the legal process listed below. From the time the landlord files the court papers (step 2), it usually takes around five weeks or longer before the actual sheriff’s eviction happens.

Step 1 (picture of a document and a house)

Notice from the Landlord

Before filing in court, the landlord must give you written notice of lease termination.

It usually gives 5 days’ (for unpaid rent) or 30 days’ warning.

Step 2 (picture of a document and a courthouse)

Summons for Unlawful Detainer

When the landlord sues, you will receive a summons.

It gives the date, time, and location for your first hearing in court.

Step 3 (picture of a courthouse and a judge)

Court Date

You must go to court if you want to fight your case.

If it is only for unpaid rent, you might have the right to pay everything by the court date and avoid a judgment.

Step 4 (picture of a judge and a gavel)

Judgment for Possession

If the judge rules for the landlord, they get a judgment for possession against you. That means they can take the next steps to evict you.

Step 5 (picture of an hourglass and money)

Appeal Period

After a judgment, you have 10 days to appeal. In that time, you will need to file appeal papers and pay the court all rent owed, an amount the judge will set.

Step 6 (picture of the scales of justice and a document)

Writ of Eviction

After getting a judgment for possession, the landlord asks the court for a ‘writ of eviction.’ It instructs the sheriff to schedule the final eviction.

Step 7 (picture of a sheriff and a document)

Eviction Notice

Soon after receiving the writ, the sheriff will give you a copy and a notice with the date and time they will return to evict you. This happens at least 72 hours before the actual eviction.

Step 8 (picture of an hourglass and money)

Extended Redemption

If the case was only about unpaid rent, then up until 48 hours before the scheduled eviction, you might have the right to pay everything you owe and stay in the home.

Step 9 (picture of a sheriff and a lock)

Eviction by Sheriff

Unless the court or the landlord cancels the eviction, the sheriff will return on the date and time on the notice to physically remove you and have the locks changed.

After the Eviction

After the sheriff has completed the eviction, there are very few reasons a judge would reverse the eviction.

If the case was only about unpaid rent and the tenant redeemed by paying all they owed (got their balance to zero) at least 48 hours before the eviction, the tenant could file in court to ask the judge to penalize the landlord and let them back in. (This called a Tenant’s Petition for Relief from Unlawful Exclusion.)

(06/01/2023)