How Long Does It Really Take To Evict A Commercial Tenant?

Commercial eviction rarely follows a single timetable; notice periods usually range from three to sixty days, depending on state law and lease language. After the notice, filing a complaint can take anywhere from a few days to several weeks, while court scheduling often adds one to three months, especially in busy jurisdictions. Once a judgment is issued, enforcing the decision - through a writ of possession or sheriff's lockout - may require an additional month or more, meaning the entire process can stretch from a handful of weeks to many months.

For state‑specific deadlines and procedural quirks, see the Nolo guide to commercial evictions. The next section will pinpoint which steps commonly expand the timeline into months.

The eviction process unfolds in five predictable phases, each with its own deadline.

1. Lease audit & statutory notice - The landlord reviews the lease to confirm the breach and checks state law for the required notice period, which typically ranges from 30 to 90 days. Skipping this step invalidates the whole action (as we covered above). For exact requirements, see commercial eviction notice requirements.
2. Serve the proper notice - The landlord delivers the written notice in the manner mandated by the lease and state statutes. Delivery methods may include certified mail, personal service, or electronic means where allowed. The clock starts the moment the tenant receives the notice.
3. File the complaint - Once the notice period expires without cure, the landlord files a summons and complaint in the appropriate court. Filing to docketing usually takes 1 - 2 weeks, then a hearing is scheduled within 2 - 8 weeks depending on jurisdiction.
4. Court hearing & judgment - Both parties present evidence at the hearing. If the judge rules for the landlord, a judgment for possession and any owed rent is issued. Judgments are typically entered within a few days of the hearing.
5. Writ of possession & enforcement - The landlord obtains a writ of possession, which sheriffs or constables execute. Physical removal of the tenant's assets often occurs within 7 - 14 days after the writ is issued. (If the tenant contests, expect delays - see the 'spot what stretches eviction to months' section for details.)

The final step leads directly into the post‑judgment lockup considerations discussed later.

• Delays typically stem from notice disputes, court backlog, tenant defenses, lien or bankruptcy filings, and appellate reviews, stretching a commercial eviction to months.
• Ambiguous or improperly served notices trigger negotiations or court motions, adding 2‑4 weeks before the suit can proceed.
• Overloaded dockets in busy jurisdictions push filing-to-trial intervals to 6‑12 weeks, as we covered above.
• Tenants often assert breach‑of‑covenant or retaliation defenses, forcing additional hearings and discovery that can double the timeline.
• Recorded liens, mechanics' claims, or Chapter 11 bankruptcy petitions freeze enforcement, pausing the process until resolution, which may take several months.

Commercial eviction timelines differ dramatically from state to state, with notice periods ranging from three to five days and court hearings usually set within two to four weeks. Because local rules vary, landlords should verify the exact statutory requirements or consult an attorney before starting the process.

• California: three‑day notice for nonpayment, hearings often scheduled within 14‑30 days after filing (see California Civil Code 1946.5).
• New York: five‑day notice required, most courts assign a trial date in 21‑45 days.
• New Jersey: three‑day notice, docket typically opens within 10‑25 days.
• Texas: three‑day notice, summary judgment hearings usually occur in 10‑14 days.
• Florida: three‑day notice, disposition often reached in 14‑28 days.
• Georgia: three‑day notice, hearing dates commonly fall between 10‑20 days.
• Illinois (Cook County example): five‑day notice, judges often set a hearing within 15‑30 days.
• Ohio: three‑day notice, trial dates frequently appear in 12‑25 days.
• Pennsylvania: five‑day notice, courts generally schedule a hearing within 20‑35 days.
• Washington: three‑day notice, docket slots typically appear in 14‑28 days.

Speeding a commercial eviction hinges on paperwork precision, court timing, and proactive negotiation. Follow these five tactics to shave weeks off the typical months‑long process.

• Draft a notice that satisfies state‑specific commercial eviction notice requirements, using personal service or certified mail with return receipt; electronic proof alone rarely meets legal standards.
• Submit the complaint immediately after the notice period ends, adhering to the regular civil docket rather than seeking a non‑existent accelerated track.
• Ask the clerk for a case‑management conference early in the docket; judges often schedule briefing deadlines that keep both sides moving.
• Offer the tenant a modest cash‑for‑keys deal tied to a swift surrender; the prospect of avoiding further litigation can accelerate agreement.
• Keep a detailed log of missed payments, lease violations, and correspondence; a well‑organized record streamlines motions and reduces disputes over facts.

**Commercial eviction** timelines shrink dramatically when the *landlord* secures a **tenant** surrender. The quickest route is a written surrender agreement that releases the lease, transfers possession, and includes a modest cash consideration to offset the tenant's relocation costs. A $5,000‑$10,000 buy‑out often convinces a reluctant occupant to vacate within days rather than weeks of filing a lawsuit.

The agreement should also detail the return of any *security deposit* and stipulate that both parties waive future claims, allowing the court to dismiss the pending action immediately. A clean release prevents later hurdles, such as a bankruptcy filing that could stall the process - see the upcoming 'handle tenant bankruptcy hurdles' section for those scenarios. For a template, check out Nolo's commercial lease surrender guide.

A landlord overcomes tenant bankruptcy by moving to reject the lease as an executory contract under 11 U.S.C. § 365, then filing a proof of claim for any pre‑petition rent (unsecured) or post‑petition administrative expenses (the court may grant a lien only where state law provides a statutory landlord's lien).

As we covered in the timeline breakdown, the automatic stay freezes the commercial eviction until the court rules on the rejection motion; a breach‑of‑lease argument can lift the stay, but an adversary proceeding is required only for contested rejections.

For example, a landlord in Texas filed a motion to reject a retail lease, served the trustee, and lodged an unsecured claim for $45,000 past‑due rent; the trustee elected to abandon the lease, allowing the landlord to proceed with a default judgment and enforce a statutory lien on the premises. The entire process typically adds 6 - 12 weeks to the eviction schedule. (Bankruptcy code section 365)

During the 2020 recession, an Ohio landlord finally removed a retail tenant after roughly ten months of court action. The pandemic‑related stay began on March 30 2020 for thirty days and was extended several times, meaning eviction filings could resume only after the specific order lifted, not after a blanket sixty‑day pause.

The landlord filed a forcible entry and detainer complaint on July 15. Ohio law gave the tenant a minimum of twenty‑eight days to answer, which the tenant missed. The court entered a default judgment on August 15, then scheduled a writ of execution for September 5, allowing the landlord to take possession shortly thereafter.

That case illustrates how a misread stay order and an assumed 'same‑day' default can add months to a commercial eviction. The next section shows why subtenant disputes often explode those timelines even further. Ohio Supreme Court emergency eviction order

Subtenant eviction surprises disappear once landlords line up the sublease with the master lease and apply the correct notice period for the specific tenant type and jurisdiction.

Key pitfalls often hide in the details:

• Conflicting notice clauses: the sublease may demand a longer notice than the master lease, forcing a wait that wasn't anticipated.
• Master‑tenant rights: the primary tenant can sometimes block eviction if the subtenant's breach threatens the overall tenancy.
• Rent flow confusion: overlapping rent obligations create disputes that delay court filings.
• Missing estoppel certificates: absent confirmations of lease terms invite challenges during the hearing.
• Security‑deposit allocation: unclear handling can spark litigation that adds weeks to the timeline.

Mitigation means hiring counsel early, cross‑checking every notice requirement against state-specific notice requirements for commercial leases, and documenting all communications. Aligning the sublease with the master lease before filing keeps the process on track and prevents unexpected extensions.

Landlords sidestep post‑judgment lockup traps by obtaining a writ of possession before any physical lockout.

Relying on a self‑help lockout after the judgment often backfires; courts treat unauthorized entry as contempt, forcing the landlord to pay attorney fees, endure injunctions, and restart the eviction timeline. Vendors may refuse service, and the tenant can claim damages for unlawful possession, stretching the process from weeks to months.

Securing the writ first changes the game. The writ authorizes the sheriff to remove the tenant, provides a clear lockout schedule, and creates a paper trail that protects the landlord from liability. Coordinating with the sheriff's office, notifying the tenant of the exact date, and documenting the handover typically compress the final phase to a few days, preserving the judgment's momentum.