Unlawful detainer actio7/8/2023 ![]() That is why you may need an Unlawful Detainer.Įven if a tenant is months behind on the rent, the landlord cannot: You cannot evict someone yourself without going through the proper steps. A LANDLORD CANNOT EVICT SOMEONE THEMSELF: This means the Sheriff can physically make the tenant leave. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. ONLY THE SHERIFF CAN PHYSICALLY EVICT SOMEONE: DISAGREEMENT HAS TO BE ABOUT THE TENANT MOVING OUT:Īn Unlawful Detainer decides if the landlord can take the property back from the tenant. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. It is a legal way to evict someone from the place where they live or work. EVICT SOMEONE FROM THEIR HOME OR WORKPLACE:Īn Unlawful Detainer action is a special court proceeding. If you are a defendant in an unlawful Detainer case, you may refer to the “ I have been sued (Tenant)” section of this webpage for more information. Look at the list of other places to get help below. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. It mainly talks about who has the right to live at the property.Įviction cases are called "Unlawful Detainer" cases. This section does not talk about everything a landlord and tenant may disagree about. If they cannot work it out, they may end up in court. ![]() Landlords and tenants can have disagreements.
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