How long does the eviction process take for an apartment renter?

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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 9 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.


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