Inheritance Recovery – Unlawful Detainers

Understanding Unlawful Detainer

What is Unlawful Detainer?

Unlawful detainer is a legal term referring to the wrongful possession of real property, typically a rental property, by a tenant. It occurs when a tenant remains in possession of the property without legal right after their lease or rental agreement has ended, or when they have violated the terms of the lease agreement, such as by failing to pay rent.

Key Elements of Unlawful Detainer

1. No Legal Right: The tenant is occupying the property without legal authority to do so, either because the lease or rental agreement has expired or because they violated its terms.
2. Demand for Possession: Before filing an unlawful detainer lawsuit, landlords usually must first serve the tenant with a notice to vacate, demanding that they leave the premises within a specified period.
3. Refusal to Vacate: If the tenant refuses to leave the property after receiving the notice to vacate, the landlord can proceed with filing an unlawful detainer lawsuit.

Legal Process of Unlawful Detainer

1. Filing the Lawsuit: The landlord initiates legal action by filing a complaint for unlawful detainer with the appropriate court.
2. Service of Summons: The tenant is served with a summons and copy of the complaint, informing them of the lawsuit and the date of the hearing.
3. Court Hearing: Both the landlord and tenant have the opportunity to present their case in court. The judge will consider evidence and arguments from both parties before making a decision.
4. Judgment: If the court rules in favor of the landlord, a judgment for possession of the property will be issued. The tenant is typically given a specified period to vacate the premises voluntarily.
5. Eviction: If the tenant fails to vacate the property by the specified deadline, the landlord may obtain a writ of possession from the court, authorizing the sheriff to physically remove the tenant from the premises.

Legal Assistance

Dealing with unlawful detainer proceedings can be complex and stressful for both landlords and tenants. It’s important to seek legal assistance from an experienced attorney who can provide guidance and representation throughout the process.

Contact Us

If you’re facing issues related to unlawful detainer or any other landlord-tenant matters, our experienced legal team is here to help. Contact us today to schedule a consultation.