how long does it take to get evicted for not paying rent?

2 days ago 4
Nature

The time it takes to get evicted for not paying rent varies by location and specific legal procedures, but generally follows several common steps:

  1. Notice Period:
    • Landlords typically must give a written notice before starting eviction for non-payment of rent. This can be anywhere from 2 weeks (for immediate rent arrears) to 2 months, depending on the type of notice and tenancy type (e.g., Section 8 or Section 21 in the UK).
    • For example, in England, with a Section 8 notice for rent arrears, landlords must give 2 weeks' notice if you have an assured shorthold tenancy. With a Section 21 "no fault" eviction notice, at least 2 months' notice is required.
  1. Court Process:
    • If the tenant does not leave by the end of the notice period, the landlord can apply to the court for an eviction order.
    • The court process itself can take several weeks to months depending on jurisdiction. For example, in New York, after notices, the landlord files a petition and a court hearing is set. If the judge rules for eviction, a sheriff serves a 14-day notice before physically removing the tenant.
 * In places like Massachusetts, after a court decision, eviction execution by the sheriff can take additional days, with rules about notice before removal.
  1. Execution of Eviction:
    • Even after a court order, actual eviction (removal by bailiffs or sheriff) may take a further 2 weeks or more.
    • The total time from first missed rent payment to eviction often ranges from about 1-3 months if the tenant does not pay or respond, but can extend longer due to legal backlogs or tenant actions.

In summary, getting evicted for not paying rent usually takes at least several weeks to a few months. The process involves a formal notice period, a court hearing, and then enforcement of the eviction order. The timeframe depends greatly on local laws and tenant-landlord interactions but expect anywhere from 1 to 6 months in most cases.

If you are facing eviction for rent arrears, it is important to seek legal advice or assistance early, as paying owed rent or negotiating can often delay or prevent eviction.