When a landlord serves a a 5 day notice, what happens at the end of the 5 days? I assume eviction proceedings take place but what is the time frame in general before an actual eviction takes place? Is there a court date set? I was recently placed on temporary total disability and workman's comp has not paid me yet. I know I will eventually get paid but I am trying to buy some time before I get tossed out.
Answer
If this is a STATUTORY notice and you pay in full, nothing happens as full payment satisfies the notice. If you pay less than the full amount, the landlord can still sue to evict UNLESS the landlord agrees not to in writing. If you don't pay or the landlord won't agree to a lesser sum, then the landlord has to file the lawsuit. It requires actual legal service of process, so the 1st court date can be 3 weeks out from filing, which itself may not happen for a few days after the 5 day notice expired only because landlords don't want to spend money filing lawsuits until they know they're not getting paid). If you are served the 1st time around, you would be in court on the first date, which could be 3 weeks from filing. If you are not served the 1st time around for some reason, the landlord will try again and this will kick the court date out a minimum of 2 weeks from the first date. Once you are served and must go to court, then it depends on how much of a fight you put up, and how quickly the court rules. If you lose on that first court date, most judges will then give 30 days for you to move. If you don't move within that time (if the court gives you that time and most do but there's always the exception and no guarantees), then the landlord has to place the order of possession with the local Sheriff, and then it will be up to the Sheriff's schedule to get out. All in all COULD be 60+ days, or more. But there are NO guarantees it may NOT be less.
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