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Unlawful Detainer Action Questions

What is an unlawful detainer?

An Unlawful Detainer normally refers to a renter who is still living in an apartment complex or leasing property and they refuse to leave the property when the lease has expired or they have been terminated. Normally, the landlord will evict the renter for not paying their rent, or not providing a safe environment for the surrounding renters or the property. According to the Common Law a landlord will have the right to enter and remove the renter by force for not paying rent, or if the renter has violated the lease that was agreed on. The United States law does require the landlord to file an unlawful detainer action in the court. The landlord is required to follow the legal steps or the renter can challenge the unlawful detainer process and force the landlord to start the process over again.

In the state of Utah what are the statute of limitations of an unlawful detainer action?

According to the Utah Code 78B-2-209 this code states that “an action to recover real property held by a possessor without the owner’s consent must be brought within seven years of the possessor’s first occupation of the property.”

In the state of California if someone is issued an unlawful detainer action and required to leave the property within five days how can they receive a stay of execution in order to find a new home?

The law in the state of California for this specific case would be if the landlord wins the claim then the renter is required to move out of the home. The renter is able to get more time before they have to go by filing a “Stay of Execution”. A stay of execution will allow the renter to stay in the home for up to 41 days, as long as they pay rent for the extra time ahead of time.

If someone has been issued an unlawful detainer action and has lost the trial how much time do they have before the police department evicts them from the home?

If the individual does not what to challenge the decision, then in this case the court will provide a writ of possession. Before the police will evict the individual the police will issue this person with a copy of the writ and it will order the individual that they must move by the end of the fifth day after this notice has been issued. If the individual does decide to challenge the decision, the individual will need to petition for a stay of enforcement or they can still be forced to leave the property.

When dealing with an unlawful detainer action where the landlord will not repair damages and the individual wants to move how can this person cancel the unlawful detainer because the renters will be moving?

If the renters will be moving before the hearing process that will be enough to cancel the unlawful detainer action this is because the individual have already left the property. If this is the case the individual will then need to bring their own action in to the small claims court against the landlord for the damages they have been dealing with because of the failure to provide a livable home and fix the repairs that are needed. When this is done, this will bring the landlord in fault of the agreed leasing contract.

The unlawful detainer process can cause may questions to come up for individuals who have never experienced this type of action. The questions can range from how long a person has before they have to leave the property or if they are a landlord as to what the process in filing for an unlawful detainer is. These questions can be very complex and hard to understand, the Legal Experts online can help assist these individuals with the legal information that is needed in order to understand these processes.
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