How does the eviction process work?

3 Replies

So I am working on getting my first duplex up and running. But one thing I still don't understand is how eviction actually works. I live in Omaha, Nebraska.

Forgive my ignorance please!

Here is how I understand it.

6th comes around with no rent and you give them a "Pay within 3 days or Quit" notice.

9th comes around. You officially file paperwork to get put on an eviction docket? Does that mean you have to wait tpo get a court date or do you get it at that time? Timing varies I assume, a couple weeks to a couple months?

Then after the case if the landlord wins can they call the police to have the tenant removed? Or do they have to wait for them to get around to it?

How long does this process usually take in total? Sounds about 6 weeks to 2 months.

The answers, for the most part, are in your state law. Being in NC, my answers may or may not be consistent with Nebraska. As you get more experience, you'll realize that some answers are going to be based on your local judge(s) at the county level.

In NC, we can get tenants out reasonably quickly in the uncontested, "easy" cases of non-payment.

These processes are state specific and details vary quite a bit. Even by location within a state. Your process is more or less correct for the first part. After you get a judgement in your favor, if the tenant doesn't leave you will have to do a "set out". You and your crew do all the work of dragging the tenants possessions out of the property. A law enforcement officer (typically a deputy sheriff around here) is present, but doesn't actually do the work.

State specific as said in above responses. In my area, if the tenant doesn't pay after the time frame in the pay or quit, I complete the unlawful detainer paperwork ( which is available online in my area) print the # of copies I need, call the court for a court date, go to the courts and file the paperwork.

Show up to court on given date, if tenant doesn't show I usually get immediate possession but still have to file additional paperwork for the Sherriff to serve the tenants.

If the tenant shows up to court, the judge usually gives me possession in 10 days , but I still have to file additional paperwork after the 10 day period for the Sherriff to serve the tenant and for me stay on the right side of the law. Sherriff calls me and lets me know the actual date & time of the eviction, which myself, my crew/locksmith & the Sherriff shows up. Sherriff and I look around the property and if the unit is vacant, I can change the locks and proceed to prepare the unit and put it on the rental market.

If the unit is still occupied or has items in the property, I can change the locks but can't remove any items (but I can put all items in 1 room) that may be in the unit for an additional 24 period, which of course the Sherriff documents. Once that 24 hour period has passed, I can discard any/all items and can't be held liable for anything that is put on the curb.

Approximate time frame for all of this in my area, from filling the unlawful possession documents until I actually get possession of the unit 30-45 days. That's why it is important to stay on top of your paperwork.

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.