Eviction can be a confusing process. One of the biggest unknowns is, how long do you have to move out after eviction? The answer depends on the type of eviction notice you’ve received and where you are in the eviction process.
How Long Do You Have To Move Out After Eviction?
Before court action:
- Landlord’s pay or quit notice: Comply within 3-30 days (depending on state) to avoid a formal eviction
- Landlord’s notice to vacate: Up to 30 days (depending on state) to comply and avoid a formal eviction
Court action:
- Court Summons and Complaint: Issued within 5-10 days of the landlord filing an eviction lawsuit
- Court hearing: Often scheduled within 1 month but could be several months depending on the court’s timetable
- Court-ordered notice to vacate: 5-14 days post-hearing
- Sheriff’s eviction: Usually 1-3 days
So, once evicted how long to move out? The full eviction process often takes several months because of the court’s timetable. Let’s look at an eviction timeline example.
Day 1, the tenant receives a 10-day pay or quit notice. The tenant doesn’t comply. On day 11 the landlord files an eviction lawsuit.
The tenant receives the Summons and Complaint on day 16, with a court hearing scheduled 30 days later on day 46.
The judge grants the eviction at the hearing and orders the tenant to move out within 10 days (day 56).
The tenant doesn’t move out and a sheriff’s eviction is scheduled 7 days later. The tenant will be forcibly evicted on day 63.
This doesn’t mean the tenant can stay for two months without consequences, though. Getting approved for future rentals will be hard because the eviction will show up on rental background checks. It’s best to move out before the eviction lawsuit is filed.
Related Topic: How Many Months Behind On Rent Before Eviction?
Difference Between Pay Or Quit Notice & Court-Ordered Eviction
To understand how much time you’ve got, you need to know the difference between a pay or quit notice/notice to vacate and a court-ordered eviction notice. See below for a state-by-state notice to vacate timeline.
Landlord’s Pay Or Quit Notice
A pay or quit notice is your final chance to pay your outstanding rent before the court gets involved. The timeline for compliance must be included on the notice and the exact period depends on state law.
If you can’t pay (or arrange a payment plan), moving out before the deadline will prevent an eviction filing, which becomes part of your rental history that shows up on background checks.
Emergency help to pay overdue rent may be available through state programs and charities like the Salvation Army or Catholic Charities.
Landlord’s Notice To Vacate For Lease Violation
If you’ve violated the terms of your lease or overstayed after your lease expired (holding over), your landlord will give you notice to vacate specifying the date you must move out. The minimum notice period depends on state law.
This notice to vacate is your final chance to move out voluntarily before court action begins. Moving out before the deadline means you won’t have a formal eviction on your record.
Your landlord may give you a chance to resolve the problem by issuing a cure or vacate notice, meaning you have the period specified on the notice to fix your violation or move out.
Summons & Complaint
If you don’t comply with your landlord’s notice, they can immediately file an eviction lawsuit with the court.
Once the lawsuit is filed, formal eviction proceedings are underway and you’ll receive a Summons and Complaint in the next few days.
The summons gives you notice that a lawsuit has been filed and provides the date, time, and location of the eviction hearing. The complaint outlines the landlord’s reasons for seeking your eviction.
You must respond to the summons by attending the court hearing or filing a written response by the deadline indicated. Failing to do so will result in a default judgment in favor of the landlord.
How long until the court hearing? It depends, but most eviction hearings will be within 1 month.
Important: Even if you move out before the eviction hearing, the lawsuit filing can show up on a background check.
Court-Ordered Eviction Notice
If the court rules in favor of the landlord at the eviction hearing, you’ll receive a court-ordered notice to vacate giving you a set number of days to move out (commonly 5 to 14 days).
If you still don’t leave, the landlord will ask the sheriff to enforce the eviction and forcibly remove you.
Important: A court-ordered eviction is a civil judgment. This eviction judgment will show up on a rental background check.
If You Are Evicted How Long To Move Out Before The Sheriff Arrives?
If you don’t move out by the court’s deadline, the landlord will request a writ of possession which authorizes law enforcement to enforce the eviction.
It can take anywhere from a few days to a couple of weeks to arrange the writ of possession and coordinate a lockout with the sheriff’s department.
How long after eviction do I have to move? Once the sheriff is involved, they will give you a final notice (24 to 72 hours) before physically removing you.
How Long Do You Have To Move Out After Eviction Before Court Action
If you’ve received a landlord’s notice to pay or quit, or a notice to vacate, you have the time shown below to move out and avoid a formal eviction.
| State | Pay or Quit Notice
(days to pay or move out before court action) |
Other Lease Violations (days to move out before court action) |
| Alabama | 7 | 7 |
| Alaska | 7 | 5 or 10 |
| Arizona | 5 | 10 |
| Arkansas | 3 or 10 | 14 |
| California | 3 | 3 |
| Colorado | 10 | 3 or 10 |
| Connecticut | 9 | 15 |
| Delaware | 5 | No written notice or 7 days |
| Florida | 3 | 7 |
| Georgia | 7 | Not specified |
| Hawaii | 5 | 10 |
| Idaho | 3 | 3 |
| Illinois | 5 | 10 |
| Indiana | 10 | 30 |
| Iowa | 3 | 7 |
| Kansas | 3 | 30 |
| Kentucky | 7 | 14 |
| Louisiana | 5 or 20 | 5 |
| Maine | 7 | 30 |
| Maryland | 5 | 14 or 30 |
| Massachusetts | 14 days or as specified in lease | Not specified |
| Michigan | 7 | 30 |
| Minnesota | 14 | No written notice required |
| Mississippi | 3 | 14 |
| Missouri | No written notice required | 10 |
| Montana | 3 | 3, 5 or 14 |
| Nebraska | 7 | 30 |
| Nevada | 7 | No written notice or 5 days |
| New Hampshire | 7 | 30 |
| New Jersey | No written notice required | 30 |
| New Mexico | 3 | 3 or 7 |
| New York | 14 | 10 |
| North Carolina | 10 | No written notice required |
| North Dakota | 3 | 3 |
| Ohio | 3 | 3 |
| Oklahoma | 5 or 10 | 15 |
| Oregon | 72 or 144 hours | 30 |
| Pennsylvania | 10 | 15 or 30 |
| Rhode Island | 5 | 20 |
| South Carolina | 5 | 14 |
| South Dakota | 3 | Not specified |
| Tennessee | 7 or 14 | 7 or 14 |
| Texas | 3 | 3 |
| Utah | 3 | 3 |
| Vermont | 14 | 30 |
| Virginia | 5 | 30 |
| Washington | 14 | No written notice or 3 or 10 days |
| West Virginia | No written notice required | No written notice required |
| Wisconsin | 5 to 30 days, depending on lease length | 5, 14 or 30 |
| Wyoming | 3 | 3 |
| Washington D.C | 30 | 30 |
Read Also: If A Landlord Accepts Partial Payment Can They Evict You?
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.