How long does it take for the Sheriff to serve an eviction notice?
After a long and already lengthy process, my landlord has finally agreed to evict our neighbors. We were told this about a week ago by our landlord over the phone. He explained that:
1. Our neighbors would have to be served with the notice to evict, by the Sheriff's department. This would "supposedly" take 5-8 days, according to the landlord.
2. There would be a hearing in front of a judge to decide whether to uphold or deny the eviction notice. (up to 10 days from delivery of the notice).
3. Then the Sheriff's department would have to actually enforce the eviction.
My main question is: Is this so-called "timeline" correct for eviction, or is my landlord just giving me false hope to placate me? How long does it really take for the police to serve these tenants?
As I stated, it has definitely been over a week, with no "serve" attempt from the police. When I talked to my landlord a few days ago, he even mentioned that the neighbors had still not been served.
Can anyone tell me in general how long this process will take from start to finish? (We've been trying since September to have these people evicted - they've stolen from us, been absurdly noisy at all hours of the day, apparently have a subwoofer placed against our bedroom wall, and have 2 dogs illegally staying in their home that bark constantly.) I feel like the landlord doesn't truly want to evict these people (loss of rent), and they're just feeding me stories. For example, we asked if we could attend the court hearing, whenever it would be, and were told "It wouldn't be necessary."
Sorry this has been lengthy, but I appreciate any help you can give me. Thanks in advance!
I guess I should clarify - we aren't even AT the hearing part yet; the Sheriff's Dept. has yet to even serve our neighbors with the "notice of eviction."
That was my original question - how long is it going to take to have them slap a sticker on their door?
BTW, thanks for all the great answers so far.
Generally, a summons and complaint is filed by the landlord.
The tenant is served in about a week.
The tenant is given about 10 days in which to answer the complaint and provide a defense.
The court receives the tenants answer and a hearing date is set.
The case is heard and decided about 7-14 days after the answer is received.
If the tenant is ordered to vacate, they are given a date in which to be out.
The landlord files the eviction with the sheriff to be executed.
The sheriff schedules the eviction set out - usually within a few days, but it can be longer depending on the sheriff's schedule.
Anyone can attend the court hearing, you can check with the local courthouse to find out when the case is set to be heard. You can attend, but the landlord obviously is not going to use you as a witness, so you will be a spectator only.
Once the summons and complaint is filed with the court, it could take 30-60 days for the eviction - the actual set out by the sheriff.
Evicting for any reason other than non-payment of rent is not always simple for the landlord. The landlord must have proof of the lease violations. The landlord must give the tenants a Notice to Cure each lease violation. There are specific steps that need to be taken that lengthen the start of the process.
Sounds like your landlord is feeding you a line. When they are served there will be a bright colored sticker on their door. Then the process goes from there.
Also, your landlord is right about going to the hearing. Why cause more trouble? It would almost be like rubbing their face in the fact that they are being kicked out and could vandalize your car, ect..
It depends on the county. In my county, it takes about 30 - 60 days.by seth j - 5 years ago
The landlord did not want you to attend the court hearing because he wanted a clean eviction, he did not know if you would interfere in the eviction hearing. Usually the people move out before the sheriff gets there. It depends on how busy the sheriff is in your county. It could take anywhere from 7 to 60 days. Maybe you could get a ball park estimate from the sheriff's office, but they are usually prety closed mouthed on these things. This is costing your landlord money daily. Guess how much he wants them out. If you want to look up the court ordered eviction, you can read about it at the county court house., clerk of courts office.. It would be a small claims case.by Bibs - 5 years ago