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Unlawful Detainer Action Questions

Unlawful detainer is when a land lord removes a tenant from a rental property by legal means. Eviction is the most common name associated with unlawful detainer when dealing with landlords and tenants. Generally, a landlord must go through a legal process in order to evict a tenant. Below are a few of the more commonly asked questions regarding unlawful detainers that have been answered by Experts.

What is a notice of commencement of unlawful detainer action?

A notice of commencement of unlawful detainer action is a notification from the court that an eviction order has been filed with the court. Once you have been served with the notice of eviction, you need to make sure to follow all instructions and answer the complaint in a timely manner.

If my name isn't on an unlawful detainer notice, can I be evicted from my child’s house by the landlord?

An unlawful detainer is an eviction notice. Depending on which state you are in this will depend on what it is called. Some states call it a forcible detainer, while other states call it an eviction action. Legally, they all mean the same thing.

When filing the Unlawful Detainer action, the home owner would file against the person(s) on the lease, regardless of how many people actually live in the home. If your child’s names is on the lease, the owner will file against them and add "et al", this means "and all others". By doing this, the landlord would have the ability to evict those named on the lease and anyone else who is living in the home under the same action.

I got an unlawful detainer action filed against me on a house that I moved out of Dec. 27 2001. What should I do?

Generally, when a person is no longer living in a home but there is an unlawful detainer action filed, it is due to back rent being owed or some type of damage to the home. This is standard procedure regardless of whether you have moved out of the home or not. You may want to contact the attorney and see if there is any way to settle out of court. This may save you money in the long run. However, if the house was inspected and a report was done on the condition of the house, you couldn't be held responsible for any damage to the home after that date. If this is the case, you should still contact the attorney to find out what the claim is for.

I am the plaintiff in unlawful detainer action. If the defendant has moved how do I go about filing for a Motion to vacate the unlawful detainer in the state of California?

You will need to file a request for dismissal. When filling the form out, be sure to check the box complaint without prejudice. This will keep the person from filing again at a later date. You have to serve the person by mail as indicated on page 2 of the form. Once you have completed the form you turn it into the court clerk. The clerk will enter the dismissal and send you a copy.

No one wants to receive an eviction notice, also known as an unlawful detainer. Eviction notices usually occur when a landlord wants tenants removed from a dwelling. To learn more about unlawful detainers, you should ask an Expert who can explain the legal terms and ramifications connected with unlawful detainers.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
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Recent Unlawful Detainer Questions

  • The HOA's property manager had his "Trustee" buddy cond

    The HOA's property manager had his "Trustee" buddy conduct a fake HOA foreclosure on an outstanding lien. The man created a fraudulent Trustee's Deed and recorded it at the County office. I was evicted by the HOA property manager, but I fought it for a
    while (read on). He then contacted one of his buddies at the bank's Trustee and yet another fake foreclosure occurred (without even a newspaper ad per CCP 2924f). The bank is confused, but agrees that their trustee did everything correctly.... Next, the bank
    evicted me as well. OH MY GOD!!! My life changed in a terrible way. I am now homeless, lost my home of 20 years, lost my equity, can't rent due to unlawful detainer. What do I do now? Does it sound like someone planned this intentionally? Who would you sue
    and is there a Statute of Limitations? What type of attorney would you hire? Litigator? If all my evidence is 100% solid would the other side typically just settle or drag it out in court? Believe me, my evidence is so solid like a rock!!! Could the County
    Recorder be liable for not catching this even though they have specific rules in their employee handbook about HOA lien sales? Is there a criminal component to what happened? Was someone messing with me (retaliation for speaking out at HOA meeting) or is this
    just plain old stupidity? Was someone trying to get my home (which had equity, no second, nice home, clean title, amazing home for life))? I can't wait for your reply!!! Thank You, ***** ***** *:o) -CustomerOH - WILL A LAWYER TAKE THIS ON CONTINGENCY
    IF I PROVE THAT I AM NOT NUTS AND SHOW MY EVIDENCE? HOW MUCH IS A CASE LIKE WORTH? SEVERAL MILLION OR MORE?
  • My 62 year old cousin needed a place to stay while he got his

    My 62 year old cousin needed a place to stay while he got his "feet back on the ground" and said it would be no more than a year. The year was up this past July and he is still here, he has one excuse after another and I've been giving him the benefit of a doubt. He did not pay rent for the first 3 months (which I let slide) but now he is 4 months behind and says he is not leaving that I am going to have to evict him, unbelievable! Anyway what can I do legally to get him out? I have given him dates within these last 4 months but he just laughs in my face, I want him gone! I am single and own my home and am currently in transition of a new job and cannot take the time nor do I have the money to deal with this. Can you please advise. I am in California Thank you, ***** *****
  • i lost an unlawful detainer case to my landlord,and was eventually

    i lost an unlawful detainer case to my landlord,and was eventually evicted.however,I put in an appeal, went through the process and have recently been informed that the judgement has been reversed by the appeals court. i'm looking for a lawyer to help me asses damages,and recover all that was taken from me throughout this ordeal. i'm not sure of time limitations in this type of situation can you please help me find the right direction to take.
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