Unlawful Detainer and Evictions

An unlawful detainer is the process where, in many states, a landlord can regain possession of the tenant’s home. Some states call this an eviction proceeding.

Eviction actions and unlawful detainer proceedings are similar in that the goals are to remove the tenant lawfully and collect the rent they owe.
We can prepare documents for Tenants to Respond and/or the landlord to initiate an Eviction.

What is Unlawful Detainer and Evictions?

Unlawful detainer, also called eviction, is a legal process landlords use to remove tenants and regain possession of rental property while recouping unpaid rent. Special court procedures expedite resolution of landlord-tenant disputes over lease agreements and property repossession.

Overview of Unlawful Detainer

Key attributes of unlawful detainer/eviction laws include:

📚 Expedited courtroom procedures
📚 Designed to rule on property possession
📚 Combine eviction with money judgements
📚 Requires formally ending tenancy first
📚 Tenant given limited time to respond

 

 

Landlord Initiates Process

To start unlawful detainer the landlord must:
 

 

 

 

📚 Formally terminate tenancy
📚 Serve tenant with termination notice
📚 Wait out notice period (typically 3-30 days)
📚 File case if tenant refuses to vacate

Tenant Defenses

Tenants can defend by proving:

📚 No lease breach occurred
📚 Termination notice deficient
📚 Landlord violated provisions

Courtroom Proceedings

If tenants don’t voluntarily vacate, court sessions address:

📚 Property possession only initially
📚 Evidence regarding alleged lease violation
📚 Judge decision on rightful possession

Evictions

If landlord wins possession judgment, sheriffs can:

📚 Physically evict tenants
📚 Change property locks
📚 Remove tenant belongings

Money Judgements

Landlord can obtain additional rulings for:

📚 Past due rent
📚 Attorney fees
📚 Property damages
📚 Future lost rent

Specialized unlawful detainer laws ensure landlord rights to repossess property and recover costs from non-paying or disruptive tenants through streamlined legal processes.