By: Brad Nakase, Attorney
An unlawful detainer simply means that a landlord has followed the legal process to evict a tenant. The tenant has been given a chance to rectify the situation and defend themselves in court but has not been successful. Once the eviction notice is served, law enforcement or the sheriff can remove the tenant from the property if they do not comply.
In most cases, an unlawful detainer will only be issued for tenants who violate the lease agreement. This may be through failing to pay rent, conducting illegal activity from the property, or owning a pet, or subletting.
What Are the Steps of an Unlawful Detainer
An unlawful detainer is simply a legal eviction. A landlord may seek an unlawful detainer if the tenant breaks lawful provisions of the lease, like paying rent or the lease ends, and the tenant does not leave the property. Here are the steps of unlawful detainer:
- The landlord must file a petition with the local court along with a filing fee
- The landlord must serve the tenant with the court documents
The unlawful detainer proceeding may be heard in front of just a judge or in front of a jury.
Unlawful Detainer Procedure: Filing the Petition and Notifying the Tenants
Tenants must be notified of the issue and given a chance to fix it before the landlord can take any eviction action. Once the tenant fails to remedy the issue in the given timeframe, the landlord can then notify the tenant that they are proceeding with eviction.
The landlord will file an unlawful detainer action to seek permission to remove the tenant from their property.
Unlawful Detainer Procedure: Court Hearing
Once the unlawful detainer claim has been filed, the court will set a hearing date. Some states require the tenant to file a response and will award the landlord the eviction if the tenant fails to do so. Similarly, if the tenant does not appear in court, the landlord will win the unlawful detainer by default.
In the hearing, the court will hear evidence from both the landlord and the tenant. If the landlord wins the case, then they may be awarded an eviction as well as damages for unpaid rent and attorney fees.