You’ve received an eviction notice, and you likely have a lot of questions. You might be wondering: Do I have 30 days to move out after an eviction? Should I leave before the deadline? What are the consequences if I don’t move out in time?
Going through an eviction is a distressing time, but knowing what to expect will alleviate some of your concerns.
Do I Have 30 Days To Move After An Eviction in 2024?
No, when the court issues an eviction order, you need to move out by the date specified on the court order.
A court-ordered eviction will typically give you between one to four weeks to comply with the order. In some cases, you may only be given 24 to 72 hours. The time you’re given will depend on state law.
Please note that this timeframe applies to the final court order. If your case hasn’t gone to court yet, you’ll have more time.
In some cases, the court may issue a stay on the eviction order. A stay gives you more time to move out even though the landlord has won the eviction case.
A stay may be issued if you present evidence at the eviction hearing which shows it will be difficult for you to move out quickly. Stays are more likely to be granted to the elderly and families with children.
Eviction Timeline
- Landlord issues a “notice to fix or quit” by a specified deadline.
- After the deadline passes, landlord files for eviction with the court.
- Tenant receives a court summons.
- Landlord and tenant attend the eviction hearing.
- Court issues a ruling.
- Tenant complies with the ruling or faces eviction by the sheriff’s department.
Related Topic: How Long Do You Have To Move Out After Eviction?
What Happens If You Don’t Move Out In Time?
When a landlord wins an eviction case they receive a writ of possession. If you don’t move out in time, your landlord will go to the local sheriff with the writ of possession and ask them to enforce the eviction order.
The sheriff will schedule a date for officers to come to your home and remove you. With officers in attendance, the landlord will remove your possessions and change the locks. Sherriff’s officers will forcibly remove you if you don’t leave.
Once your landlord has requested assistance from the sheriff, the time before officers arrive can range from 24 hours to several weeks, depending on the department’s workload.
How Many Days Is An Eviction Notice?
When you break the terms of your lease, your landlord will give you a notice telling you to rectify the situation or move out.
This is the first step in the eviction process, but at this stage, the lease violation is a private matter between you and your landlord. The court isn’t involved yet.
The type of notice you receive and its timeframe depends on the nature of the lease violation and state law.
Common types of eviction notices include the “notice to pay or quit” when the issue is unpaid rent and the “notice to fix or quit” for other lease violations.
In the case of non-payment of rent, you could receive a 3, 5, 7, or 10-day notice to pay or quit. This notice is sometimes called a notice to pay or vacate.
For other lease violations, you could receive a non-compliance notice giving you 3 days to 30 days to fix the violation or move out.
If you don’t rectify the situation by the date on the notice, your lease will terminate and your landlord will file for an eviction hearing at your local court.
After your landlord files for eviction, you’ll receive a summons to appear at the eviction hearing. Depending on the court’s schedule, the hearing could take place within a few days or a few weeks.
State By State Notice Periods
When you receive a notice to pay or quit, your landlord will give you the time required by state law to comply with the notice. After that time, your lease will be terminated and the landlord can file for eviction with the court if you don’t move out.
If you receive a non-compliance notice, your landlord will have the right to file for eviction if you fail to rectify the situation within the specified period. In most states, your lease agreement will be terminated at the end of this notice period.
In several states, the lease will terminate at a later date. For instance, in a state with a 14/30 notice period, you have 14 days to fix your non-compliance otherwise your lease will terminate 30 days from the date the notice was issued.
If you comply with the notice by either paying your rent, rectifying your violation, or moving out, your landlord won’t file for eviction with the court.
3 Days Notice Period Non-Payment
- Arkansas
- California
- Connecticut
- Florida
- Idaho
- Iowa
- Mississippi
- Montana
- New Mexico
- North Dakota
- Ohio
- South Dakota
- Texas
- Utah
- Wyoming
5 Days Notice Period Non-Payment
- Arizona
- Delaware
- Hawaii
- Illinois
- Louisiana
- Nevada
- Oklahoma
- Rhode Island
- South Carolina
- Virginia
- Wisconsin
7 Day Notice Period Non-Payment
- Alabama
- Alaska
- Maine
- Michigan
- Nebraska
- New Hampshire
10 Day Notice Period Non-Payment
- Colorado
- Indiana
- Kansas
- Maryland
- North Carolina
- Oregon (10/13)
- Pennsylvania
14 Day Notice Period Non-Payment
- Massachusetts
- Minnesota
- New York
- Tennessee
- Vermont
- Washington
States With Other Notice Periods For Non-Payment
- Georgia (immediate)
- Missouri (immediate)
- West Virginia (immediate)
- Kentucky (varies by county)
3 Day Notice Period Non-Compliance
- California
- Idaho
- Montana
- North Dakota
- Ohio
- Texas
- Utah
- Wyoming
5 Day Notice Period Non-Compliance
- Louisiana
- Nevada
- Wisconsin
7 Day Notice Period Non-Compliance
- Alabama
- Delaware
- Florida
- Iowa
- Maine
- Michigan
- New Mexico
10 Day Notice Period Non-Compliance
- Alaska
- Arizona
- Colorado
- Hawaii
- Illinois
- Oklahoma (10/15)
- Oregon (10/14)
14 Day Notice Period Non-Compliance
- Arkansas
- Kansas
- Mississippi (14/30)
- Nebraska (14/30)
- South Carolina
When Do You Have 30 Days After Eviction Notice?
In the following states, you have 30 days to comply with a notice to fix or quit issued for a lease violation (other than non-payment of rent).
- Maryland
- Massachusetts
- New Hampshire
- New Jersey
- New York
- Tennessee
- Vermont
Staes With Other Notice Periods For Non-Compliance
- Pennsylvania (15/30)
- Rhode Island (20 days)
- Virginia (21/30)
- Kentucky (varies by county)
- North Carolina (immediate notice)
- South Dakota (reasonable notice)
- West Virginia (immediate notice)
If You’re Facing Eviction, Get Help
Your local tenants’ rights organization will help you understand your rights, suggest how you can work with your landlord to avoid eviction and give you advice about disputing the eviction if your landlord is acting unreasonably.
In some states, the notice issued by your landlord or the summons issued by the court will include details about how to get help.
Otherwise, make a free call to the United Way helpline at 2-1-1 and explain that you’re facing eviction and need advice.
Related Article:
- Can You Get Section 8 With An Eviction On Your Record?
- Does An Eviction Notice Have To Be Notarized?
- How Long After An Eviction Can I Rent Again?
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.