What is Unlawful Detainer in Real Estate?
What is Unlawful Detainer?
An unlawful detainer is a legal term in real estate that refers to the act of a tenant remaining in possession of a property without the right to do so. It usually occurs when a tenant continues to occupy the rental property after their lease or rental agreement has expired, or after the landlord has lawfully terminated the tenancy (such as after an eviction notice). In these cases, the tenant is considered to be unlawfully detaining the property.
In legal terms, an unlawful detainer action is a lawsuit filed by the landlord to regain possession of the property. The process typically involves the following steps:
- Notice to Quit: The landlord must provide the tenant with a formal notice to vacate the property. This notice could be due to non-payment of rent, lease violations, or the expiration of a lease.
- Filing an Unlawful Detainer Complaint: If the tenant does not vacate within the given timeframe (typically 3, 30, or 60 days depending on the situation and local laws), the landlord can file an unlawful detainer lawsuit with the court.
- Court Hearing: The case will be heard by a judge. If the court finds that the tenant is unlawfully detaining the property, the landlord will be granted a writ of possession.
- Eviction: If the tenant still refuses to leave, law enforcement may assist in removing the tenant from the property.
An unlawful detainer proceeding is generally quicker than other types of civil cases because it is intended to swiftly resolve disputes over property possession. Tenants may have the opportunity to present defenses, such as improper notice or repairs not being made by the landlord, but ultimately, the goal is to determine whether the tenant has the right to remain in the property.
