How long does eviction take?

[Nathan Gesner]

How long does it take you to evict a tenant in your market? What are the most common reasons for delays? 

[Wesley W.]

Here's my data from Upstate NY.  Keep in mind these are all before the new laws took effect in June, which will add at least another two weeks.

(1)  46 days from rent demand to eviction warrant

(2)  47 days from rent demand to eviction warrant

(3)  18 days from rent demand to eviction warrant

The first two, I used an attorney (required in NYS if using an LLC). The primary reason for delay was this process:

(a) contact attorney, get him lease and applicable info

(b) attorney contact process server, send him demand letter

(c) process server schedules and then executes service

(d) process server sends paperwork back to attorney

(e) court date is made based on attorney's availability

The third we did ourselves.  I hired a third party (landlord friend) to serve notice and sign affidavit.  I took the paperwork to the court and scheduled the date myself.  Saved about a month of time.

I've sat in eviction court many times, and I often see the DIYers have their cases thrown out for procedural errors.  The new process enacted into law is a bit longer and has at least as many "traps" landlords can fall into in favor of the tenant.