How Long Does It Take To Get Evicted From An Apartment?

The eviction notice period defines how many days a landlord must formally warn a tenant before filing a court summons, and every state sets its own rules based on tenancy type and the alleged breach. Notice must be written, delivered according to local requirements, and the clock starts the day the tenant receives it (as we covered above).

• Nonpayment of rent - some states allow a three‑day 'pay‑or‑quit,' others require up to fourteen days; the exact number follows state statutes.
• Month‑to‑month termination - typically 30 days (Texas mandates a 30‑day written notice unless the lease says otherwise); a few jurisdictions extend to 60 days.
• Fixed‑term lease ending - landlord waits until the lease expires; no pre‑termination notice needed unless the contract includes an early‑termination clause.
• Lease violations (noise, pets, etc.) - statutory notice ranges generally fall between seven and thirty days, varying widely by jurisdiction.
• Hybrid 'pay‑or‑quit' notices - combine a demand for overdue rent with a threat to begin eviction proceedings, often mirroring the nonpayment time frame.

These periods trigger the next step - receiving a court summons - explored in the following section.

• A court summons usually lands on the tenant's door anywhere from one week to several weeks after the landlord files the eviction complaint, the exact span dictated by state law.
• Many jurisdictions mandate service within 5‑10 business days of filing, yet some statutes allow up to 30 days, especially in sparsely populated counties Nolo's eviction timeline overview.
• Out‑of‑state residency or temporary absence often triggers substituted service provisions, extending delivery to roughly 2‑4 weeks.
• Overburdened courts may add a few days to the issuance schedule, meaning actual receipt can exceed the statutory minimum.
• Receiving the summons kicks off the 'prepare for your first hearing timeline' stage, so gathering lease copies, payment records, and correspondence should start immediately.

The first eviction hearing typically lands a few weeks after the court summons, though exact dates shift with state and local rules. Act fast; deadlines slip easily once the docket is set.

1. Read the summons cover sheet - note the stated hearing date, the deadline to file an answer, and the court's contact information. Missed dates trigger default judgments.
2. File a written answer - submit it by the deadline, which ranges from 3 days in some jurisdictions to 21 days in others. Include any defenses such as improper notice or retaliation.
3. Collect proof - gather lease copies, payment records, photos of the unit, and any correspondence with the landlord. Organize documents chronologically for quick reference.
4. Request a continuance - if additional evidence or a legal advisor is needed, file a motion before the hearing; courts may grant extra days, especially when the original deadline was tight.
5. Prepare a concise testimony - outline key facts, rehearse answers to likely questions, and decide which documents to present in court.
6. Attend any pre‑hearing conference - some courts schedule a brief meeting to narrow issues; use it to settle minor disputes and reduce trial time.
7. Show up on hearing day - arrive early, bring a hard‑copy file of all evidence, and dress neatly. The judge will hear both sides, then issue a ruling that may be immediate or postponed for a written decision.

(For local filing deadlines, consult your county's housing court rules Nolo's eviction process guide.)

The judge's order seals the eviction; the court now issues a writ of possession that lets the landlord reclaim the unit.

• The writ authorizes the sheriff or constable to remove the tenant's belongings.
• State law dictates how many days the tenant has to vacate  -  anywhere from three to thirty, sometimes longer for appeals.
• An appeal must be filed within the jurisdiction's deadline, which can range from a few days to a month; check with local housing authorities or legal­aid clinics for exact dates.
• If the tenant stays past the deadline, the sheriff posts a notice and schedules a physical removal, often within five to ten days after the notice.

At this point the process shifts to enforcement; the next section explains how to track the writ of possession until the door finally closes.

The writ of possession lands on the court clerk's docket the day the judge signs the judgment, and the clerk promptly schedules a sheriff's enforcement date. Call the clerk's office, note the docket number, and ask for the official notice that the sheriff will post on the door; that notice contains the exact day and time the lock change will occur.

Enforcement windows differ by jurisdiction - some locales act within three to seven days after notice, others allow up to two weeks, so verify the local deadline with the sheriff's office (see how a writ of possession works).

 If a stay of execution has been filed, the sheriff will pause the lock change, so watch for any court‑issued stay before the posted date. As we covered above, staying on top of these dates prevents surprise lockouts and sets up the next discussion on state‑specific eviction timelines.

Georgia and Texas squeeze the clock. A three‑day 'pay or quit' notice starts the race in Texas; Georgia asks for 14 days for most breaches. After the notice expires, the court summons typically lands within 7 - 10 days. Judgment arrives in two weeks on average, and a writ of possession is issued and served in 5 - 7 days (Georgia) or 3 - 5 days (Texas).

Indiana follows a similar tempo: a five‑day notice, a trial set up to 30 days after filing, and a writ delivered within a week of the judge's order (sometimes faster if the docket is light). (Speed‑run evictions aren't for the faint‑hearted.)

New York, California, and Illinois stretch every step. New York mandates a 14‑day 'pay or quit' notice for non‑payment and a 30‑day notice for month‑to‑month tenancies. After the notice, the court summons may not appear until 2 - 3 weeks later, and the trial often waits 4 - 6 weeks. The writ of possession rolls out roughly 10 - 14 days after a judgment.

California imposes a three‑day notice for non‑payment but typically sees a 30‑45‑day gap before a hearing, with the writ arriving 10 - 14 days post‑judgment. Illinois requires a five‑day notice, schedules the trial up to 45 days after the complaint, and delivers the writ in about two weeks. For exact state timelines, see state eviction notice requirements.

• Immediate filing after the eviction notice period ends, as covered above, letting the case move to court without delay (Nolo eviction process guide).
• Failure to answer the court summons by the deadline, causing a default judgment (default judgment eviction explanation).
• State law that authorizes accelerated hearings, compressing the timeline from weeks to days (Cornell Law School eviction overview).
• Lease terms that include a 'cash for keys' offer, encouraging immediate vacancy (Tenant Resource Center cash for keys).
• Low court docket and judge's priority on eviction filings, speeding issuance of the writ of possession (National Court eviction writs).

Delay your eviction by invoking tenant rights that pause the process, provided the law in your jurisdiction permits it. State and local statutes determine which defenses apply, so consulting a local attorney or housing agency is wise before acting.

1. Request a hearing on the eviction notice period - File a written objection within the statutory window after receiving the notice. Courts often stay the eviction until the hearing, buying time to explore options.
2. Assert a statutory defense - Common defenses include retaliation, discrimination, or failure to follow proper notice requirements. These arguments can force the landlord to prove a valid claim, extending the timeline.
3. Propose a payment plan or mediation - Some courts offer settlement programs that temporarily halt the writ of possession. Availability varies; not all jurisdictions guarantee this route.
4. Seek a temporary restraining order - If health, safety, or habitability issues exist, a judge may issue an order that delays the writ of possession until the problem is remedied.
5. Apply for emergency rental assistance - State or city grants can cover overdue rent, prompting the landlord to withdraw the action. Eligibility criteria differ across regions.
6. Reference authoritative guides - common eviction defenses and tenant rights outlines strategies, but replace generic advice with local legal counsel for precise applicability.

Each step interrupts the eviction timeline, potentially turning a weeks‑long battle into months. The next section examines pandemic‑related exceptions that further affect the process.

A pandemic‑triggered moratorium can freeze the eviction notice period and suspend any pending writ of possession. Court summons delivered after the freeze stay pending until the moratorium lifts or a court grants an exception. Landlords must still prove a qualifying health‑or‑safety reason to move forward, which most courts reject without documented proof. State agencies often post temporary extensions on official websites, so checking the latest guidance saves time.

Tenants should immediately request a written stay from the court, attach proof of pandemic‑related hardship, and inform the landlord of the filing. Legal aid organizations, such as those listed in the HUD eviction moratorium guidelines, can help draft the response and negotiate payment plans. If the court denies the stay, filing an appeal before the writ of possession is issued buys additional weeks, as we covered above. Financial strain from job loss is tackled in the next section, which outlines emergency assistance programs.

Losing a job won't magically erase the eviction notice period, but swift action can keep the court summons and writ of possession at bay.

• Notify the landlord immediately; written notice shows good faith and may trigger a payment‑plan discussion.
• File for unemployment within the first week (most states open claims 1 - 2 weeks after job loss) - see the state unemployment benefits portal.
• Contact a local legal‑aid clinic to confirm whether a hardship affidavit or similar filing exists in your jurisdiction - not every court accepts it (legal aid resources).
• Compile pay‑stubs, termination letter, and benefit statements; these documents become evidence if a court summons arrives.
• Request an emergency rental assistance grant or loan; many programs prioritize tenants with recent income loss.
• If the landlord proceeds, ask the judge for a temporary stay based on demonstrated financial hardship and the steps you've already taken.

Acting on each point before the eviction notice period expires maximizes leverage and buys time before a writ of possession could be enforced.

In Chicago, a renter transformed a projected 90‑day eviction into a victory by exploiting the 5‑day pay‑or‑quit notice, filing a timely answer, and securing a stay during the appeal process. The case unfolded exactly as the earlier 'court summons' section describes, but with a crucial twist: the landlord's initial demand lasted only five days, not thirty.

After receiving the notice, the tenant filed an answer within the statutory window, prompting the clerk to issue a court summons that arrived roughly two weeks later. The first hearing, held within the typical 30‑day window, resulted in a default judgment for the landlord; however, the tenant immediately filed a motion for a stay of execution, which the judge granted pending appeal. The appellate docket stretched the writ of possession deadline to the full 90 days, allowing the renter to negotiate a payment plan and avoid vacating the unit.

The appeal concluded in the tenant's favor, nullifying the eviction order and restoring tenancy. This outcome illustrates how leveraging the short eviction notice period and invoking a stay can dramatically extend the timeline, echoing the 'delay your eviction with these tenant rights' section. For a deeper dive into Illinois' 5‑day notice requirements, see Illinois Legal Aid's eviction notice guide.