Eviction / Unlawful Detainer Timeline

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The initial stage of an unlawful detainer.

Before an unlawful detainer can begin, the tenant must be served with a notice to quit. These notices can vary depending on the reason for the eviction, but most of the time it's a notice to pay or quit due to late or nonpayment of rent. This notice to pay or quit gives the tenant a specified amount of time to "cure" (pay) the rent or be subject to eviction if they don't vacate the property after the notice expires. After the notice expires, the landlord can file a summons and complaint to the court in order to start the eviction. This complaint must be served on the Defendants in person. If the Defendants can not be personally served, the landlord can ask the court for an order to post and publicize the summons and complaint. The Defendants have 5 business days to file a response to the court after being personally served with the summons and complaint. This time is extended to 10 days if the tenant is served via certified mail through an order to post.

The trial stage.

After the service of the summons and complaint is concluded on the Defendants, they must file a response to the court. This response is usually in the form of an answer. After the answer is filed, a trial date is scheduled. The trial is usually quick and takes only 1 day. If the landlord wins, the judge can issue a writ of possession in order to have the sheriff's department evict the tenant.

After the trial.

If the tenant loses the trial, they can still file a request to stay in the property for a short amount of time in order to move out. Usually, this request is granted as long as the tenant is able to pay the daily value of rent for the amount of time they will be staying in the property. Most unlawful detainer judgments are for possession only. That means that in order to be able to collect on the past due rent, the landlord will have to sue the tenant in a small claims or civil lawsuit.

Beware of tenants using "legal tricks" in order to extend court hearings!

Unlawful detainers are usually a quick process, but in some cases tenants and even attorneys will file certain motions or bankruptcies in order to delay the eviction. Most of the time, these filings are made without facts or evidence to back up the claims and are overridden, but in some case, the eviction could be dismissed if the landlords made an error in the paperwork.