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How Long Do You Have To Move Out After Eviction (And Why)?

Exact Answer: 30 – 60 Days

Eviction refers to the act of expelling a person from one’s property or house. In easy words, it is the expulsion of a tenant by his landlord for various reasons like non-payment of rent, damages, violating the terms and conditions of the lease, subletting the premises without permission, or simply is the landlord desires to take possession of his property.

Thus, when an eviction occurs, the tenant has to mandatorily vacate the rented premises within a specific duration after one receives the eviction notice. It is upon the landlord whether he wishes to handle the matter without court involvement or wants to file a suit in court for any rent which may be due that the tenant is not willing to pay even after several notices for the same.

How Long Do You Have To Move Out After Eviction?

ConditionsDuration
Duration to move out after eviction30 – 60 days
Minimum duration to send an eviction notice14 days

Evicting a tenant from the property can become huge stress for the landlord and the entire process can drag on for months if the tenant is not cooperative in paying back the rent due or is not vacating the property. This can unnecessarily prolong the eviction process.

However, it must be noted that a tenant cannot be evicted from the property for any invalid or feeble reason. There has to be a reasonable, valid, and justifiable reason behind the eviction of a tenant. Also, the landlord has to comply with all the rental laws that enable one to file an eviction suit against a persistent tenant.

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An eviction notice can be sent to the tenant if he has intentionally not paid the mutually agreed pre-determined rent amount for a period that is more than 15 days from the due date of rent or as the conditions may be. Also, if any of the activities not permitted by the landlord are done secretively, if the terms of the contract are willfully violated, or if any illegal activities are being undertaken at the said property then the landlord may evict the tenant.

To evict a tenant the landlord has to first send him an eviction notice that has been duly filed with a court and specifies the time and date by which the tenant has to move out from that property. In most cases, a 30-days vacate notice or a 60-days vacate notice is provided to the tenant to vacate the concerned property.

Why Do you Have This Long To Move Out After Eviction?

One should remember that an eviction becomes effective only when an eviction notice is sent to the tenant in a written form. Thus, unless a legal and written notice of eviction reaches the tenant, he may not move out of the concerned premises nor vacate the property.

An eviction notice would cite the reason for eviction and also the date before which the tenant has to comply with the terms and conditions mentioned therein. Depending on the circumstance of each case, the tenant would have to comply with the rules of eviction and move out accordingly. The general deadline to move out is generally 30 – 60 days, however, it can vary from a few days to several months.

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The minimum time to send an eviction notice is generally 14 days. Thus, the tenant might move out immediately after the receipt of the notice or might be provided with extra time to vacate within a month or two. Also, under certain exceptional circumstances, the landlord may provide the tenant with additional days to comply with the eviction notice about moving out.

However, if the tenant is not cooperative and the landlord seeks to fight the eviction in court then this process might get lengthy and can go on for several months or even years. In such cases, the tenant may have several more days or weeks beyond the initial moving-out date mentioned in the original notice to vacate the property.

Conclusion

Eviction is a process that can be defined as the expulsion of a tenant legally from one’s property. To evict a tenant, he has to furnish with a proper eviction notice and has to be given a reasonable amount of time to move out from the property and comply with the terms of eviction.

The duration to move out typically varies from 30 days to 60 days but this can vary according to the place where the eviction is being taken place, the requirements of the landlord, etc. The most common ground for eviction of a tenant is generally non-payment of rent, however, there could be other reasons for eviction as well.

References

  1. https://www.tandfonline.com/doi/abs/10.1080/10511482.2003.9521483
  2. https://link.springer.com/article/10.1007/s00127-020-01953-2

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