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RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 11977
Experience:  Experienced in multiple areas of the law.
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If I have been given a notice of eviction, how can I stay

Customer Question

If I have been given a notice of eviction, how can I stay until I find a new place?
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  RobertJDFL replied 2 months ago.

Thank you for using Just Answer. I look forward to helping you.

To clarify, has a judge already signed an Order granting possession to the landlord and issued a writ of possession of the home? Or did you mean you got a "Notice to Quit" the home from the landlord?

Customer: replied 2 months ago.
notice to leave premises by the landloard
Expert:  RobertJDFL replied 2 months ago.

Thank you for your reply.

A landlord cannot simply lock you out or evict you without a court ordered writ of possession. So, if you fail to leave after the time stated in the notice, the landlord will then have to go to court and file a lawsuit for eviction against you. When you get the lawsuit, you'll have a set amount of time (usually just a few days) to file an "answer" or response). A response can just be a general denial of everything in the suit.

Once you answer the complaint, it will be set for hearing. At hearing, the judge will hear from both of you as to whether you should be evicted and why, and review any evidence that either side has. If they rule in favor of the landlord, they'll sign an Order of Eviction for the property and set a date that you have to be out by.

While this entire process varies by state, usually start to finish is about 4-6 weeks, so you do have some time.

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