What is the Unlawful Detainer Process
The Unlawful Detainer Process
In simpler words, when there is a dispute between a landlord and tenant, a notice to address and solve the problem or to quit the property is served. The dispute can be damage to property caused by a tenant which the landlord wants to be remedied or can be unpaid rents. There can be other kinds of disputes as well. If the tenant addresses the problem, such as repairs the damage or pays the dues then there is the unlawful detainer process cannot be initiated.
The unlawful detainer process is commenced after the tenant fails to act. Another instance wherein such a process can start is if a landlord serves the tenant a tenancy termination notice and the tenant doesn’t agree with the clause of termination.
The Legal Proceeding Explained
The unlawful detainer process is a legal proceeding that is monitored by the court. At first, the court issues a notice to the tenant in accordance with the claims made by the landlord. The tenant gets five calendar days (it may vary from state to state) to reply to the court order. If the tenant fails to respond or appear then the landlord wins by default. If the tenant replies then the response is assessed. If the tenant has a point or evidence to substantiate the counterclaims then the court would assess the evidences and arguments and then make an inference in favor or against the landlord. If the tenant doesn’t have any substantial evidence then the landlord wins without variation.
If the tenant wins the unlawful detainer process then the landlord has to pay all the attorney fees and other legal expenses incurred by the tenant in the process. However, the tenant would have to pay the rent amounts that are due or any damages that need to be repaired, although eviction can be avoided with conditions in place. If the landlord wins then the tenant has to bear the expenses and also eventually evict the property after attending to the dues or damages.
Unlawful detainer process usually takes up to two months from the initiation, however that also varies from state to state and from one case to another.
When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More
The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More
People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More
All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More
When entering into an agreement with a potential tenant, a landlord needs to fully understand the contract that binds them into the specific relationship of being a landlord and a tenant. Now that the... More
If you’re currently considering the option of offering one of your properties for rental purposes, you should first educate yourself about the landlord tenant relationship. For the first timers, it’s... More
Landlords have a lot on their plates, which is quite understandable. It may also be true that you, being a full functional landlord, have done your best but have missed something when it comes to your... More
Landlords have many things to think of; they have to deal with legal issues, privacy issues, and so much more. Above all, they sometimes need to deal with a problem tenant. The interesting thing is... More
Most landlords may have some idea what an Estoppel Certificate is. However, many aspiring landlords are still unaware of what this certificate is all about. Basically, a tenant Estoppel Certificate is... More