Eviction Delays – Why does it take so long?

There are certainly many actions your tenant can take that causes delays in the eviction process. Those mentioned below are merely the most common, but let’s put things in perspective: The majority of the cases we process (about 75%) are completed in approximately three to four weeks, and most of the time none of the “nightmares” listed befall the eviction. It should be noted, however, that virtually all delays in the eviction process are caused by actions taken by the tenants.
 

THE SPEED OF YOUR EVICTION WILL DEPEND ALMOST ENTIRELY
ON THE KIND OF PEOPLE TO WHOM YOU RENTED

 

  • Your tenants make themselves unavailable to the Process Server. This can add days, even weeks, to the eviction process.  If your tenant(s) are never home, will not answer the door, or are clearly evading service, then our office will advise you to obtain a “Court Order for Posting”, which allows us to obtain an order from a Superior Court Judge, which states that we can post the lawsuit on the door of the property and mail a copy by certified mail.
  • Your tenant contests the action. This can add two to four weeks to the eviction process because a court hearing is now necessary. The attorney’s office will contact you directly, so be sure to check your email for updates frequently.
  • Your tenants declare Bankruptcy. The attorney must go into Federal Court to lift the automatic stay in order for us to proceed with the Eviction.  Bankruptcy adds an additional ten days to two weeks to your Eviction.
  • Adults not mentioned in your lawsuit call the Sheriff’s office to inform them that they are also in possession and have been in the property prior to the inception of the Eviction Action.  This can add two weeks to your eviction, unless your written rental agreement clearly states by name who the legal tenants are or unless you filed a “Prejudgment Claim to Right of Possession” when you first filed your lawsuit.

What are my responsibilities during the eviction?
Why should I never evict a tenant?