How long and what is the process to getting evicted from a rental?

Question

My husband signed a 12 month lease with me and then moved out, but before he left he agreed in writing that he would pay half the rent until the lease is up in January 2008. He isn't going to do this now, because I am filing for divorce. I can't afford the home on my own. I have to move our children and my things out, but I was wondering how long do I have have until I am forced out?

Answer 1

my neighbor was evicted for non-payment.eviction usually takes place within 3 months of the date that the landlord filed a claim with the court but eviction laws varies by state.discuss your situation with the landlord and hopefully he/she will be more lenient & understanding and give you enough time to get back on track.you don't want an eviction to be on your permanent record because it will drastically affect your future rentals and make it more difficult to rent a place.check the links for more detailed info.

http://www.avenue.org/tjach/eviction_process.html

http://www.larcc.org/pamphlets/housing/tr_eviction.htm

http://www.uslandlord.com/forms/eviction_process.html

Answer 2

How long you have depends on how fast your landlord files and how fast the court system move where you live.

As an example, I have a tenant who didnt pay rent for may. I filed papers with court first week of may had court date this week and tenant is being locked out on tuesday next week. I file on may 2 in court and tenant getting locked out on may 22.

Talk to your landlord maybe you can work something out. If my tenant was nice tenant I would not file so fast. For nice tenants I always try to work something out like maybe a payment plan or they help with maintenance or babysit and I deduct value of work from rent and sometime temporarily reduce rent as long as people tell me the truth about their situation. If they try hard to find a new job or do things as long as they tell me the truth even if everything don't work out I give them a good reference.

Eviction is public record with the court. If you will have no money to pay any more work out a plan with your landlord to move voluntarily so you dont get an eviction on your record.

Answer 3

Depends on how quickly your landlord initiates eviction proceedings. The time frame for evictions varies widely by locale. Where I live, the courts have set up a 'fast track system' for evictions, and I can have an unpaying tenant out the door in short of thirty days.

Answer 4

It depends on where you live. Check on your local laws. Generally the law provides additional time for someone with children. And go after your soon to be ex for the money he owes.