How many months behind on rent before eviction? Your landlord can file for eviction soon after you miss your first rent payment, but eviction won’t happen right away.
How many months you’ll get to remain in the property before the court issues an eviction order depends on how quickly your landlord files for eviction and how long it takes for the court to hear the case.
How Many Months Behind On Rent Before Eviction?
Know your rights: Your landlord cannot legally evict you without a court order. They can’t shut off your utilities, remove the doors, change the locks, remove your belongings, intimidate you, or harass you.
Let’s look at a typical eviction timeline to give you a better idea of what to expect when you can’t pay your rent.
Grace Period
Most rental agreements include a grace period of a few days after the rent due date before the rent is considered late. Grace periods between 3 and 5 days are fairly typical, but longer periods are sometimes mandated by law.
In Rhode Island, for example, landlords have to wait for rent to be 15 days late before they can move on to the first step in the eviction process.
At the end of the grace period, landlords will usually send a late notice telling you how much rent you owe and what late fees have been charged. Payment is then due immediately.
Notice To Pay Or Quit
If your landlord decides to begin the eviction process, they must issue a formal pay or quit notice. The notice will tell you to pay the amount you owe within a certain number of days or move out.
State and local laws vary on how long your landlord must give you to comply with this notice, but 3, 5, or 7-day notices to pay or quit are typical.
If you don’t pay or move out by the specified date, your landlord can file an eviction lawsuit.
How many days late can you be on rent before eviction starts? Add up the grace period and the pay or quit notice period to find out how soon your landlord can file an eviction lawsuit.
For example, if you have a 5-day grace period, the earliest your landlord can issue the pay or quit notice is day 6. If you get a 7-day pay or quit notice, that takes you to day 13. Your landlord can then file for eviction on day 14.
Can I pay rent after eviction notice? Yes, sometimes landlords will be willing to stop the eviction if you pay what you owe.
Local laws may also automatically stop the eviction process once the back rent is paid. If a lawsuit has already been filed, you may need to pay the rent directly to the court.
Summons And Complaint
Once your landlord files an eviction lawsuit, you’ll receive a summons and complaint from the court. Depending on your local law, these documents will be sent via registered mail or served on you in person.
You can expect to receive this paperwork within 2 weeks of your landlord filing with the court.
If you want to fight the eviction, you must respond to the summons and complaint by the deadline given. If you do nothing, your landlord will win a default judgment against you at the eviction hearing.
Eviction Hearing
How many months can you go without paying rent before eviction? The timing of the eviction hearing is what will ultimately determine how long you’ve got.
You might have 3 months before your case is heard, but in jurisdictions where the eviction court has a backlog of cases, you could have 6 – 12 months before the hearing takes place.
If the court grants the eviction order, you can attempt to delay the eviction by filing an appeal.
Eviction Day Lockout
When the court issues the eviction order, you’ll be given a deadline to move out. Once this deadline passes, your landlord can ask the sheriff to perform a lockout.
While deputies are unlikely to arrive immediately, you can expect a knock on your door within the next couple of weeks.
When officers arrive, you’ll be evicted from the dwelling and the locks will be changed.
Realistically How Long Before A Landlord Can Evict You?
The time from a missed payment to formal eviction will vary widely. It’s impossible to say with any certainty how long you can go without paying rent before your landlord evicts you, but at a minimum, you should have several months before the court finalizes the eviction.
Speak to a local tenants’ rights organization to get a better idea of the typical timescale in your area.
Just be aware that the longer you stay at the property without paying, the more you will ultimately owe your landlord.
If you can’t afford your rent, speak to your landlord as soon as possible. Being honest with your landlord can help you get extra time to pay or arrange a feasible repayment plan to catch up.
Speak to your local tenants’ rights organization to learn about your options, emergency rent payments, and free legal help. Call the free 2-1-1 helpline to connect with an advisor.
Read Also: Being evicted with no place to go – The Solution
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.