We can help you if:

•You have received a Three Day Notice to Quit or Vacate
•You have received summons of an Unlawful Detainer action

  1. Introduction

    Landlords and tenants can have disagreements. If they can’t work it out, they may end up in court. This section doesn’t talk about everything a landlord and tenant may disagree about. We mostly talk about who has the right to live at the property.

    These cases are called “unlawful detainer” cases. Unlawful detainer cases are complicated. Talk to a lawyer to make sure all your rights are protected and that everyone does what they’re supposed to do. Look at the list of other places to get help below.
  2. What is an Unlawful Detainer Action?
    • Evict someone from their home or workplace:

      An Unlawful Detainer action is a special court proceeding. It’s a legal way to evict someone from the place where they live or work. This usually happens when a tenant stays after the lease is up, the lease is canceled, or the landlord thinks the tenant hasn’t paid their rent.
    • Disagreement has to be about the tenant moving out:

      An Unlawful Detainer decides if the landlord can take the property back from the tenant. The landlord is the plaintiff. The tenant is the defendant. If the defendant moves out before trial, the case is dismissed or, can be changed to a regular civil action.
    • Only the Sheriff can physically evict someone:

      If the landlord wins, they’ll get a “judgment for possession”. The tenant has to move out. The sheriff can enforce this judgment. This means the sheriff can physically make the tenant leave.

      • Evict the old owner after the property is sold:

        An Unlawful Detainer is also for when the person who buys property at:

        • An execution sale,
        • Sale by foreclosure or
        • Sale under a power of sale in a mortgage or deed of trust.

      • What CAN’T an Unlawful Detainer do?

        • No security deposits:
          An Unlawful Detainer can’t solve fights about damages or security deposits.
        • No cross complaints:
          You can’t file a cross complaint in Unlawful Detainer actions. The defendant has to file a separate action if they want to get money back from the plaintiff.

        • No future rental losses:
          The court can’t give you damages for rent you lost after the judgment. For example: There’s a judgment against the defendant. It takes the sheriff a week to evict the defendant. The plaintiff has to file a separate action to get back the rent lost in that week.