What is an Unlawful Detainer?
Eviction and Unlawful Detainer are legal concepts that go hand in hand in the civil legal process to get an unwanted tenant out of your property.
You start by serving the correct eviction notice to the tenant, which states the reason you are serving that notice.
There are numerous reasons you can serve an eviction notice – such as nonpayment of rent or repeated late rent payments, pets that were not agreed to by the landlord, or disturbing the peace and living conditions of other tenants with noise or illegal activity like selling drugs.
After serving the tenant with the correct eviction notice that meets the full legal requirements of their specific tenancy agreement – and length of tenancy – your case then proceeds to suing the problem tenant as a defendant in a civil court complaint known as an Unlawful Detainer.
Your Unlawful Detainer case then either advances to a default judgement or a court trial – which usually favors the landlord in eighty to one hundred percent of cases provided everything is done correctly.
If the tenant does not respond to the complaint, this results in a default judgement.
If the tenant does respond and it goes to a court trial, the court judgement – which usually favors the landlord in Unlawful Detainer cases – then leads to a Writ of Possession, which is the final step in regaining legal possession of your property with a court ordered lock-out on the tenant. Writ simply means order.
The eviction process requires numerous legal filings which is why it is always best to have the help of a qualified Eviction Attorney at each step of the process. Make sure the Unlawful Detainer filings are done right the first time preventing unnecessary delays that cost you money.
How to Evict a Tenant – Fast!
What are Landlord Rights?
What are the Reasons for Eviction?
What is the California Eviction Process?
What is an Eviction Notice & How Many Days Notice?
How to Serve & File an Eviction Notice
How Long Does it Take to Evict a Tenant?
How Much Does it Cost to Evict Someone?
Californian landlords have the right to evict tenants who do not abide by the terms of the lease agreement. If the violations are indeed valid, you can immediately begin the eviction procedure by first warning the tenant of what needs to be corrected – then evicting the tenant when they do not heed your warning. The following 7 Steps must be followed for a successful Unlawful Retainer lawsuit and regain possession of your rental property legally. Read More…
The eviction process is generally made to favor the tenant. It is the responsibility of the landlord to follow a very strict procedure and set of rules to get the tenant evicted. If you fail to follow the rules and state laws to the letter then there is a strong chance that you might lose your case against the tenant. Read More…