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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.
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Recent Unlawful Detainer Questions

  • Good Morning. I am in need of advice regarding a lease.

    Good Morning.

    I am in need of advice regarding a lease. My 22 year old daughter and I are first time renters after having been a long time home owner. She has had some trouble adjusting to life with close neighbors. We have had 3 lease violations: one for her yelling loudly on her cell phone at 5:30 am to her ex boyfriend. The second the same exboyfriend had been staying a few days and while I was at work, he terrorized her for 3 hours, yelling loudly during the daytime and when I got there he punched several holes in the sheetrock of the garage, which I promptly had fixed. That day somebody should have called the police as she was terrified, but my nosey neighbors didnt. I did call the police when I got home but they did nothing about it. I got a lecture on parenting and my daughter got a lecture for choosing the wrong men. The 3rd time a friend followed her home and his stereo was a bit too loud at 3am, woke up the "neighbors" and I got a nasty email with the lease violation attached. I am not living there now, the stress got too much and I am about to move back to Indiana and let my daughter find her own way but I have to try to make this lease thing work since she and I are both on it. I am afraid to even go there as I might do something wrong, whithout not knowing I am doing something wrong. For instance, yesterday I was there helping my daughter clean, making my "appearance",I setpped on a scorpion in the front yard and yelled out. I cant relax as I am afraid for getting evicted for stepping on a scorpion! The property manager likes to harass me. The last email she was, like I said nasty, and suggested we move out so somebody who "will obey the rules better" can rent it. I did not respond. There are two people on that lease and she picks on me not my daughter. My question is that I know she can evict us for disturbing the peace, but "disturbing the peace" is a subjective term. A baby crying at 3 am would make me madder than heck, but this would likely be accpted..as an example. So, really, it is our word against the neighbors at all of these lease violations as the LL did not witness any of this at all. Also no police reports were obtained, to my knowledge of the instances of my daughter. Does the LL need official documentation of the disturbances or can we be evicted on somebody else's word. It is a traditional TAA lease. Thank you!!!
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