Unlawful detainer
The formal lawsuit landlords file to get an eviction order from the court. Names vary by state, but the process is similar: file, serve, hearing, judgment.
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Free to set up. No credit card.Part 1 of 4
Why a seller cares
Unlawful detainer is the lawsuit that turns a notice into an order, and it runs on the court's schedule. A seller who needs a tenant out before closing is working to that schedule, not to the contract's.
Part 2 of 4
A simple example
The notice period passes and the tenant stays. An unlawful detainer is filed, served, heard in three weeks, and the sheriff's lockout follows two weeks later.
| The step | How long it tends to take |
|---|---|
| Filing and service | Days to a week |
| The hearing | Weeks, depending on the court |
| The sheriff's action after judgment | One to several weeks more |
Unlawful detainer is the eviction's court case, and courts are not in a hurry.
Part 3 of 4
What people get wrong
That a judgment means the tenant leaves that day. The sheriff carries it out, on the sheriff's calendar.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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