Sample Eviction

This is a Sample Timeline of a Typical Eviction due to Non-Payment of Rent. This is a sample only and the timeline and actual procedure may be different in an actual eviction.

Day 1-5 —Rent due.

Day 6-7—Phone calls to Tenant.

Day 8—Rent unpaid. Landlord serves notice: “5-Day Pay or Vacate.”
If tenant does not pay rent due to unmade repairs, complaints against the landlord, or for any other reason, he/she runs the risk of eviction & should contact an attorney or advocate immediately.

Day 9, 10, 11, 12, 13—Tenant has 5 days to come up with entire sum.
Landlord does not have to accept partial payment, but does have to accept the rent if it’s presented in entirety in these 5 days. Often, five day notices contain additional late fees and/or attorney’s fees. Tenant should consult his/her lease to see if fees are stipulated in the rental agreement.

Day 14—Landlord now has option of serving tenant a Lawsuit for Unlawful Detainer (Eviction Summons & Complaint). This initiates the legal eviction action.

Day 19—Answer Due (Response or Notice of Appearance and Certificate of Service Due).

Day 20—Date of Order to Show Cause Hearing Default Judgment, if no answer was filed.

·  If the tenant didn’t respond to the Summons & Complaint, he/she may be automatically evicted.


·  If tenant has responded to the lawsuit, parties go to court. The judge will hear both sides & rule. If the landlord wins, the court issues a Writ of Restitution, (the legal papers to be served by the sheriff ordering the tenant evicted), and a judgment requiring the tenant to pay landlord’s attorney and court costs, as well as back rent and any late fees. If the tenant wins, the case is dismissed. However, the eviction filing will still appear on the tenant’s record.

·  If the tenant is able to pay back rent, court costs, and attorney fees, his/her tenancy may be reinstated.

·  Additionally, a judge may send the case to trial.

Day 20—Writ of Restitution issued if tenant loses by default judgment or at hearing.

Day 25—Writ usually enforced.
Sheriff comes and tenant is physically evicted.

The above information is approximate, and is an example of an eviction procedure at its quickest.