How Long Does It Take To Evict A Holdover Tenant Exactly?

A holdover tenant is any renter who remains in the unit after the lease's termination date without a new written agreement, whether the landlord has given informal permission or not; this status automatically triggers the state‑specific notice period that typically ranges from 30 to 90 days before an eviction can proceed (legal definition of holdover tenancy).

Examples illustrate the concept. One tenant lingered past a twelve‑month lease, ignored the 'vacate by' clause, and was served the required notice.

Another accepted a landlord's 'pay‑or‑quit' email, continued paying monthly rent, and thereby shifted to a month‑to‑month arrangement that still qualifies as holdover until proper notice is given. A third ignored the notice entirely, forcing the landlord to file an unlawful detainer, a step detailed in the 'how long until notice kicks in?' section that follows.

Notice periods start the moment the lease expires or the tenant stays past the termination date, and the landlord must serve a written notice that meets the state‑mandated length.

Most jurisdictions require 30 days for month‑to‑month tenancies; states such as California impose a 60‑day notice when the original lease ran a year or longer; a 90‑day notice surfaces only in limited local rules protecting seniors or disabled renters. Because requirements vary, consulting the specific state code - or a reliable summary like Nolo's state eviction‑notice guide - prevents procedural errors.

Across the U.S., the eviction clock for a holdover tenant usually stretches between 30 and 90 days. Exact timing hinges on state statutes, court workload, and whether the landlord follows every filing requirement (as we covered above).

• Most states impose a 30‑day notice period, then add 14‑30 days for filing and judgment, as outlined in the Nolo eviction timeline guide.
• States like California and New York often push the total to 60‑90 days because of longer court processing and mandatory mediation.
• If the local docket is backlogged, the judgment phase can consume an additional 2‑4 weeks, stretching the overall timeline.
• Some jurisdictions allow a 48‑hour post‑judgment surrender, while others require a 10‑day writ of restitution before the sheriff acts.
• Landlords who miss any paperwork step reset the clock, potentially adding another 30 days.

The court filing phase begins the moment you hand the eviction complaint to the appropriate local court.

1. Pick the right venue. Eviction actions land in housing courts, municipal courts, justice courts, or superior courts depending on state and city rules; filing in the wrong venue wastes time and fees.
2. Assemble the packet. Include the lease, the notice that started the clock, and a concise statement that the tenant is holding over. Most jurisdictions demand a sworn affirmation; omit anything unrelated.
3. Submit and receive a case number. Clerks typically assign the number and print the summons on the same day or within 1‑5 business days. The summons names the holdover tenant and orders a response.
4. Serve the tenant. Acceptable methods vary - personal delivery, certified mail, or posting on the door - each with a statutory reply window of 3‑10 days in most states. Choose the quickest method allowed locally.
5. Await the hearing date. Courts usually slot the first hearing within 14‑21 days after filing, though severe backlogs can push it toward the upper end of the 30‑90‑day eviction timeline. The date appears on the summons; plan your documentation accordingly.

(Recall the notice period outlined earlier; the filing clock only starts after that period expires.) Next, we'll explore how proof of holdover can shave days off this schedule.

Proof of the tenant's holdover can shave days off the eviction clock, especially when the judge sees solid documentation.

Gather evidence that the occupant stayed beyond the lease expiration and present it with the complaint. Strong proof signals that the court need not waste time on disputes, prompting a quicker summons and judgment.

• Signed lease termination notice dated the day after the lease ends.
• Photographs showing personal belongings still on the premises after the notice period.
• Utility bills or mailbox deliveries addressed to the tenant post‑lease.
• Written threats or admissions from the tenant acknowledging the holdover status.
• Certified mail receipts confirming delivery of the notice.

Submitting these items at filing often triggers an accelerated hearing schedule, keeping the overall 30‑90 day eviction timeline toward the lower end. The next step reveals when the sheriff actually enforces the order.

The sheriff steps in only after the judge signs a writ of possession, then serves the holdover tenant with a final notice that typically gives them 24‑48 hours to vacate; if they stay, the officer physically removes them, usually within three to ten business days, though some counties need two weeks because of docket congestion or holiday delays (as we covered earlier, the notice period starts after the court filing phase).

• Judge signs writ → county clerk registers it (often same day).
• Sheriff's office schedules service; most jurisdictions post a 'move‑out by' date 48 hours after delivery.
• Physical removal occurs on the scheduled day; if the tenant refuses, officers lock the door and change the locks.
• Delays happen when the sheriff's calendar is full, during court recesses, or when the tenant contests the writ in a post‑judgment hearing.
• After eviction, landlord regains possession and may re‑list the unit immediately.

Accepting rent after the lease expires usually turns the holdover tenant into a month‑to‑month occupant, unless the lease expressly states otherwise. That shift often restarts the required notice period, extending the eviction timeline to the typical 30‑90 days depending on state law.

If the landlord rejects the payment, the original lease termination stands and the notice clock keeps running as described earlier; accepting the cash, however, can be interpreted as a waiver of the holdover claim, potentially forcing the landlord to serve a new notice. Documenting either choice protects both parties and prevents the next section on holiday delays from becoming a surprise.

Holidays stretch your eviction timeline because courts, clerk offices, and sheriff departments often run on shortened schedules, and filing deadlines remain in force unless you obtain a court‑granted extension.

During peak holiday weeks you'll typically encounter:

• fewer court hearing slots, so a motion to summon a holdover tenant may sit idle;
• limited staff at the sheriff's office, delaying service of notice or execution of a writ;
• unchanged filing deadlines, meaning missed dates require a formal request for extra time;
• variable local court calendars, some jurisdictions keep regular hours while others pause entirely.

These factors add days or weeks to each phase of the eviction clock, extending the overall 30‑90‑day range that most states impose. Check your county's holiday schedule early; a quick glance at the state court holiday calendar can prevent surprise delays.

Winter storms can add weeks to an eviction because many jurisdictions freeze court actions or sheriff removals while temperatures stay below a prescribed threshold.

1. Verify whether your state or city has a winter‑eviction moratorium. New York City, for example, bans residential evictions from November through March; other places simply pause hearings when snow‑related emergencies strain the system.
2. Serve the holdover tenant with the proper notice. The notice period still follows the 30‑90‑day range that varies by local law, but the clock may not start until the moratorium lifts.
3. File the complaint as usual. Expect the clerk to schedule a hearing after the storm window closes, which can push the docket out an additional 10‑14 days in busy courts.
4. Prepare for sheriff delay. Even after a judgment, many sheriffs postpone physical removals until road conditions improve, often waiting for a safe‑handling day rather than the next business day.
5. Keep documentation of weather alerts and any official stay orders. Presenting this evidence to the court speeds the request for a expedited hearing, but only if the local rules allow it.

Consult the local housing authority or a tenant‑law attorney to confirm exact dates; generic timelines rarely apply during severe winter events.

Four hidden pitfalls routinely jam the eviction docket for a holdover tenant. Spotting them early prevents weeks of unnecessary delay.

• Filing after hours or on a holiday can stall docketing in jurisdictions that process paper submissions manually; electronic courts such as California's often timestamp immediately but still review on the next business day, adding a potential lag.
• Assuming a notarized signature is mandatory; many states (e.g., New York, Texas) accept plain signatures, while only specific affidavits or notices require notarization - missing the correct type wastes time.
• Submitting an outdated complaint form; courts may reject it outright, yet some allow a simple correction without full refiling, saving days when the mistake is caught quickly.
• Omitting required evidence or leaving a signature blank; local rules differ on attachment lists, and an incomplete file forces the clerk to return the packet, resetting the clock.

(Consult your jurisdiction's filing guide or an attorney to verify each requirement before submitting.)