How does an unlawful detainer work? An “Unlawful detainer” is used when somebody is keeping you from accessing something that is legally yours. This is usually applied in situations where a tenant of an apartment, or otherwise leased property, refuses to leave upon being evicted by the landlord.
U.S. state laws require a landlord to file an unlawful detainer action in a court of law. To satisfy the “due process” rights ensured to the tenant by the Fifth Amendment, the landlord must thoroughly follow the statutory procedures, otherwise the tenant may be able to protest the unlawful detainer proceedings on technical errors and make the landlord repeat the filing process.
According to the California Department of Consumer Affairs:
“If the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court. In an eviction lawsuit, the landlord is called the ‘plaintiff’ and the tenant is called the ‘defendant’.”
How does an unlawful detainer work and what is the process? By California law, the required notice to terminate a month-to-month tenancy is 30 or 60 days “advanced written notice”. The eviction process can only begin once the landlord has properly given that required notice to the tenant, again in writing. Then speak with your experienced Watkins Firm real estate attorney about filing the unlawful detainer. We will help you navigate the nuances of filling out and filing perfunctory paper.
Tenants who receive unlawful detainer complaints will have just 5 days to respond, per California law. In order to do so, tenants will have to file the appropriate legal documentation with the Clerk of Court where the lawsuit was filed. Once you have been served, immediately give us a call and keep track of any documentation you received.
At Watkins Firm, our team is uniquely experienced in working with both landlords and tenants in this process. We help you to understand the answers to “how does an unlawful detainer work in San Diego and Southern California?” Our goal is to make your legal options known to you in a simple and easy-to-understand manner. Taking appropriate action is not only about understanding the law but understanding people, timing, and practical implications of each choice. Fully employ the breadth of our tenant/landlord dispute experience for the benefit of your situation.
Real estate law can be extremely complex, with many obscure procedures, and the stakes are usually very high for all parties involved, whether commercial or residential. Call us today at 858-535-1511 or contact our offices to speak to an attorney.
