Eviction Timeline
When | What Happens |
---|---|
- | Notice to Quit Tenant receives Notice to Quit, ending or terminating the tenancy. Tenant does not have to move out by the date on the notice. |
- | Tenancy Terminates If tenant receives 14-day Notice to Quit, tenancy terminates 14 days after receipt, unless tenant revives the tenancy by paying. If tenant receives 30-day (or rental period) Notice to Quit, check to make sure notice is properly done. |
After tenancy terminates | Service of Summons and Complaint Landlord can have summons and complaint served, but only after tenancy is terminated. |
7 - 30 days after service of summons and complaint | Entry Date Landlord can file (enter) complaint in court. Must file it on a Monday at least 7 days, but no more than 30 days, after they have a summons and complaint served on tenant. The entry date is on the complaint (lower right corner). |
7 days from entry date | Court Sends Landlord Notice of First Court Event Landlord must serve notice on tenant at least 14 days before the first court event. In Housing Court, the first court event is called the First Tier Court Event Notice. In District Court, the first court event is called a Case Management Conference. |
3 business days before the first court event | Tenant’s Answer, Jury Demand, and Discovery Due Tenant should also file and serve motions to dismiss by this date, but if you miss the deadline, file and serve the motion as soon as you can. |
Between 30 and 60 days after entry date | First Tier Court Event (Mediation) Both sides go to court to see if the case can be resolved through an agreement. If not, case gets scheduled for a trial in front of a judge in 2 weeks or at a later date for a jury trial. In District Court, this court date can be used to establish a discovery schedule and hearing dates on motions to dismiss. |
10 calendar days after landlord receives discovery | Landlord’s Discovery Response Due Landlord’s response to discovery due 10 calendar days after tenant serves discovery (plus 3 business days if the requests were emailed to the landlord/attorney) |
5 business days after landlord’s failure to respond | Tenant’s Motion to Compel Discovery Tenant must serve motion to compel discovery on landlord within 5 business days after the landlord’s failure to respond or inadequate response to discovery. |
14 days after the first tier mediation | Trial Date District Court: A trial before a judge will be held in 2 weeks after Case Management Conference unless otherwise agreed to or ordered at the Case Management Conference. For jury trials, some courts hold a Pre-Trial Conference and, at a later date, a jury trial; other courts just schedule a jury trial. |
1 day after trial | Entry of Judgment Court can enter judgment the day after the court makes its decision. |
10 days after judgment | Appeal Tenant or landlord must appeal within 10 days from entry of judgment. |
11 days after judgment | Execution (if no timely appeal) Landlord can get an execution for possession from court and give to sheriff or constable to serve. This is valid for 3 months. |
48 hours | Notice of Levy (physical eviction) Upon receipt of the execution, the Sheriff or constable can serve the execution and a notice of levy on tenant giving them at least 48 hours’ notice of the date and time of the physical eviction. |