How soon a landlord can evict will be dependent on state and local laws.
Residential landlord/tenant laws are for the most part set by the states in the US. It can get a bit tricky however knowing what the law exactly is. Why? Well, first there are fifty states, each has differing laws. Some states will have laws specifically written for residential rentals, others (such as Arkansas) will not, some will write laws for specific parts of the state. Then, counties and cities can add requirements on top of state laws.
Here in Tennessee for example, residential rentals are generally governed by the Uniform Residential Landlord and Tenant Act (T.C.A. 66–28). I say generally because the Act only applies to certain counties which are populated above a particular number. Thus, in more rural Tennessee counties (most of the State), the Act does not apply.
The Tennessee Act deals with, among other items: lease clauses, tenant abandonment, necessary repairs, when tenants can not pay rent in order to make repairs, security deposits and of course, eviction procedures. But because of the population threshold, the law that applies in one county may not apply to the county right next door. It can all get very confusing, very easily.
That said, evictions in Tennessee can be done fairly quickly. A landlord can file for eviction, serve the tenant notice, have a court hearing, gain a writ of possession and set the tenant out in less than a month if everything goes the landlord’s way. In other parts of the country, the eviction process is more involved and thus may require more time. It all depends on the state and local laws. So if you are evicting or facing an eviction, consult appropriate counsel in your area.
Kevin Perk is the founder and publisher of Smarterlandlording.com. He is the author of Advice From Experience To New Real Estate Investors. Subscribe to Smarterlandlording here. Contact Kevin here.
