i am being evicted. how long do i actually have to get out?

Question

ive been served the 3 day notice and i know it takes 2-3 weeks to go to court...

the eviction is for non payment of rent, but this is situational and i dont really care to go into the details but i have never even been late on rent anywhere i have ever lived.

Answer 1

Knowing your state might help.

In CA a 3 day is not for a week to week, its for anytime you dont pay your rent when due. I do not have to give 30 days notice for a month to month when tenant does not pay rent. Your non payment of rent nullifies your contract. 30 days notice is for people who pay rent....in CA anyway.

But in Ca when you are served a 3 day quit or pay rent notice, you are being asked to pay the rent within 3 days.

If you do not do that then the landlord has to go down to the court house and file unlawful detainer papers. The court stamps these and a copy is mailed to you. The your landlord pays to have you served these papers.

Once you receive these you have 2 options. You can ignore them or you can go to the court house and file an 'answer" to the unlawful detainer suit. This allows you to explain your situation for the court to consider. By filing an answer and not ignoring it, you give yourself more time because in Ca anyway, a landlord has to wait 10 days or as much as 15 days depending on how you were served before he can file a default judgement (which says you didnt answer....so I should win.)

If you dont answer the detainer, they will win by default and can pay the sherriff to go notify you that you have 5 days or you will be locked out.

IF you DO answer the detainer, you will get a court date for a few weeks later. IF you dont show up again he will win by default.

IF you do show up and tell the judge about any extenuating circumstance.....etc...and can demonstrate that you can pay (still have job or show up with the rent in court to hand over) you will likely get to stay.......depending on the judge or jurisdiction and their reputation for either tenant or landlord favoritism. Some jurisdictions are harder on tenants and some on landlords.

Have you tried talking to your landlord?

He doesnt want an evicition or vacancy any more than you want to go.

I am a CA landlord that manages my own properties and have had to do 3 eviction proceedings in the past 5 yrs.
Most take about 18 - 20 days if the landlord strictly adheres to legal timelines to the day. and up to 30-45 if tenant answers and we go to court.

Good Luck

Answer 2

Depending on what state you are in--the 3 day notice only applies to tenants that pay week my week. then you have to vacate within a week of the actual court ruling to vacate. If a month to month tenancy you have to recieve a 30 day notice to vacate then still go to court if you nrefuse to move. If you are up to date with the rent the only reason to evict is if the owner wants the place for family or is selling the place and needs to fix it to show it. totasl the process takes about 3 monthes according to the state I live in. But you could call the court clerk to get details on the process.

Answer 3

IF you show up in court to contest the eviction ,
Then you might get longer but varies with every court and jurisdiction .

>

Answer 4

You have three days to get out. The sheriffs office will remove you and your belongings because the matter has already been to court if an eviction notice has been received.

Answer 5

I'd start looking TODAY - do it before you go to court or that'll show up on your credit report & you won't be able to rent another place.

Answer 6

Pay the rent and don't worry about it!

Answer 7

usually about a month or so. Why aren't you paying rent?