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LEGAL DICTIONARY

Unlawful Detainer

Unlawful detainer refers to a situation where a property is illegally occupied. It usually is used to refer to a legal process that is followed when a landlord wishes to remove a delinquent tenant from a rental property.

This is a term that appears a lot during the eviction process in most states and it is important to understand fully what it means. This article looks in more depth at how unlawful detainer works and what it can mean for both landlords and tenants.

Is Unlawful Detainer the Same as an Eviction?

In many states, the term “unlawful detainer” is used to officially refer to the legal process for an eviction. Landlords may press for the dispossession of their real estate under unlawful detainer laws if a tenant does not comply with the terms of their lease.

In almost all cases, an eviction notice is used as the first stage of this process. If the tenant obeys the notice and leaves, the legal process will usually end there. However, if they refuse to follow the notice they can be taken to court by the landlord.

How is Unlawful Detainer Pursued in Court?

The first step in an unlawful detainer case is the posting of a relevant eviction notice by a landlord if there is cause to do so. This is usually done due to the tenant staying on the property after the lease is canceled, lease violations, or nonpayment of rent.

In the event that the tenant fails to comply with the notice requirements, the landlord then has grounds to file an unlawful detainer complaint with a local court. When this happens, the court will issue the tenant with a summons to appear at a hearing.

If they fail to appear or lose the case against them, the landlord will be able to request the granting of a writ of possession by the judge presiding over the case. This allows a forcible eviction to go ahead.

Unlawful detainer is a serious legal proceeding that can be time-consuming and costly depending on the state it is happening in. For tenants, it can also lead to unwanted marks on their public record.

Does Unlawful Detainer Stay on Your Record Forever?

In some situations, an unlawful detainer conviction can remain permanently on your public record. It may appear during any future rental application background checks, which could lead to difficulties in find places to live.

However, most states offer methods to remove this kind of misdemeanor. This can be done by legally challenging the eviction. It is recommended to first talk to a lawyer or legal expert before doing so.

Unlawful detainer refers to a situation where a property is illegally occupied. It usually is used to refer to a legal process that is followed when a landlord wishes to remove a delinquent tenant from a rental property.

This is a term that appears a lot during the eviction process in most states and it is important to understand fully what it means. This article looks in more depth at how unlawful detainer works and what it can mean for both landlords and tenants.

Is Unlawful Detainer the Same as an Eviction?

In many states, the term “unlawful detainer” is used to officially refer to the legal process for an eviction. Landlords may press for the dispossession of their real estate under unlawful detainer laws if a tenant does not comply with the terms of their lease.

In almost all cases, an eviction notice is used as the first stage of this process. If the tenant obeys the notice and leaves, the legal process will usually end there. However, if they refuse to follow the notice they can be taken to court by the landlord.

How is Unlawful Detainer Pursued in Court?

The first step in an unlawful detainer case is the posting of a relevant eviction notice by a landlord if there is cause to do so. This is usually done due to the tenant staying on the property after the lease is canceled, lease violations, or nonpayment of rent.

In the event that the tenant fails to comply with the notice requirements, the landlord then has grounds to file an unlawful detainer complaint with a local court. When this happens, the court will issue the tenant with a summons to appear at a hearing.

If they fail to appear or lose the case against them, the landlord will be able to request the granting of a writ of possession by the judge presiding over the case. This allows a forcible eviction to go ahead.

Unlawful detainer is a serious legal proceeding that can be time-consuming and costly depending on the state it is happening in. For tenants, it can also lead to unwanted marks on their public record.

Does Unlawful Detainer Stay on Your Record Forever?

In some situations, an unlawful detainer conviction can remain permanently on your public record. It may appear during any future rental application background checks, which could lead to difficulties in find places to live.

However, most states offer methods to remove this kind of misdemeanor. This can be done by legally challenging the eviction. It is recommended to first talk to a lawyer or legal expert before doing so.