Q: If a landlord gives you 3 day notice to vacate (Sedgwick County, KS) how long before you will be removed from property?
A: It is necessary for a landlord to provide a three-day notice (rent must be paid in three days or an action to evict will be initiated) prior to filing a lawsuit. Once the lawsuit is filed, you will be served with notice that the lawsuit is filed and given a court date to appear. If you file a response, most counties will set another hearing date for a later date. After the trial (or if a party fails to appear), the court will enter an order. There is a fourteen day period that should pass until the judgment becomes final. A writ of restitution is issued by the court (sometimes signed with the order, sometimes not signed until the judgment becomes final), authorizing the sheriff to evict the tenant. The practice of many sheriff's departments is to make contact with the occupants and telling them they have several days to vacate the premises. The sheriff's return of the writ to the court is supposed to occur within ten days. Depending upon whether or not you file a response, when the trial date is set, and how the post-judgment steps are handled by the court, the clerk, and the sheriff, it would not be unusual for a potential eviction to be completed in approximately fourteen to thirty days. The more engaged the defendant is in the process, the better he or she is able to be aware of and affect that timeline.
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