What is a detainer case?

What is a detainer case?

In California, a lawsuit to evict a tenant is called an unlawful detainer. Prior to filing and serving an unlawful detainer, your landlord will have likely served you a notice to terminate your tenancy. In an unlawful detainer lawsuit, the landlord is the plaintiff and the tenant is the defendant.

How do you win an unlawful detainer case?

5 Tips to Winning an Unlawful Detainer – Tenants

1. Know Your Rights. It goes without saying, but take some time to know your rights as a tenant.
2. Keep Good Records.
3. Make Sure Notice is Proper.
4. Service of the Unlawful Detainer.
5. Talking to an Attorney.
6. Managing Partner – Lipton Legal Group, A PC – Beverly Hills, CA.

Is an unlawful detainer the same as an eviction?

The eviction process is used when a landlord wants to force a tenant to leave the property. In an unlawful detainer or ejectment case, there is no landlord or tenant and no lease. In an unlawful detainer case, the person being asked to leave the property has no rights to the property.

When can I file an unlawful detainer?

Common Reasons a Landlord Will File an Unlawful Detainer These include: The tenant has not paid rent. The tenant has engaged in illegal dealings at the rental property. The tenant has breached another substantial lease clause—such as having a pet or threatening or harassing other tenants at the property.

What does unlawful detainer mean in legal terms?

A legal action to evict a tenant that involves properly terminating the tenancy before going to court and seeking possession of the property, unpaid rent, and/or damages.

What happens in an unlawful detainer trial?

At the trial, the landlord will put on her case. The landlord will talk about the Notice of Termination that was sent to the tenant and her reasons for wanting to evict the tenant. The landlord may present other witnesses to support her claims against the tenant.

Can a tenant win an eviction case?

How Can A Tenant Win An Eviction? Although proper documentation and legitimate reasons will work in your favor, it is possible to lose an eviction case. The most common reasons for a landlord to lose an eviction are: Not settling out of court.

How long does unlawful detainer stay on record?

seven years
Generally, an eviction report will remain part of your rental history for seven years.

How do you politely tell a tenant to move out?

Start with a salutation, followed by your tenant’s name. Then, briefly explain that you are notifying the tenant that he must move out and include the subject rental’s address. Next, describe the reason the tenant must move out.

What can you do if a tenant refuses to vacate?

If a tenant disagrees to leave even after the completion of the lease period, you can approach the Civil Court, under the jurisdiction of which your property falls. You may seek the eviction of your tenant but you will have to abide by the Court’s decision, whether or not it is in your favor.