Unlawful Detainer
“Unlawful Detainer” is the formal name for an eviction lawsuit. The landlord who wants to evict you goes through this process to get the court to have the Sheriff remove you. Unless you are the only tenant renting a room in the landlord’s house or a guest who has overstayed your welcome, the landlord must use the court process. The landlord may threaten to just throw you out, but if the police are called, they will side with you, and tell the landlord that he has to go through court, by unlawful detainer.
The eviction process itself can take a long time, from several months to years, if you do it right and the landlord doesn’t. Time is precious to you, because even if you do plan to leave, you aren’t ready yet. You may have lost your job or suffered some other setback, and you need to regroup.
The eviction usually starts with a notice, after which the lawsuit is filed. With our help, you will be filing the papers that have the effect of getting you the time you need. The Game Board section goes over the actual process in detail.
Although the landlord acts like it’s a slam dunk to evict you, that’s not the case at all. There are special laws that limit the permitted reasons for eviction, and technical requirements that have to be met. You have legal defenses that you may not have imagined. For example, if you owed $1 million in rent but are entitled to $1 credit, you win, because you don’t owe $1 million, but one dollar less. Until you start checking around, you won’t realize all of the defenses you have. Watch the videos on the ones that apply to your situation, so you get a better idea.
Eviction for nonpayment of rent is the easiest kind of case for you to win, due to all of the many defenses that you have. Eviction for violating a term of the rental agreement is also easy to win, due to the proof required to show it. Evictions due to foreclosure, where you the tenant, can go on for years. In many of the other eviction types, you have to be given proper notice and even relocation assistance.
Don’t panic. Just learn what your rights are, and take action.
The eviction process itself can take a long time, from several months to years, if you do it right and the landlord doesn’t. Time is precious to you, because even if you do plan to leave, you aren’t ready yet. You may have lost your job or suffered some other setback, and you need to regroup.
The eviction usually starts with a notice, after which the lawsuit is filed. With our help, you will be filing the papers that have the effect of getting you the time you need. The Game Board section goes over the actual process in detail.
Although the landlord acts like it’s a slam dunk to evict you, that’s not the case at all. There are special laws that limit the permitted reasons for eviction, and technical requirements that have to be met. You have legal defenses that you may not have imagined. For example, if you owed $1 million in rent but are entitled to $1 credit, you win, because you don’t owe $1 million, but one dollar less. Until you start checking around, you won’t realize all of the defenses you have. Watch the videos on the ones that apply to your situation, so you get a better idea.
Eviction for nonpayment of rent is the easiest kind of case for you to win, due to all of the many defenses that you have. Eviction for violating a term of the rental agreement is also easy to win, due to the proof required to show it. Evictions due to foreclosure, where you the tenant, can go on for years. In many of the other eviction types, you have to be given proper notice and even relocation assistance.
Don’t panic. Just learn what your rights are, and take action.
Winning Your Eviction
These pre-consultation videos are presented by Kenneth H. Carlson, J.D., a California tenant rights attorney (State Bar #93602) with 45 years of experience exclusively representing tenants. A graduate of UC Berkeley and Loyola Law School, Ken has helped tens of thousands of California renters understand their rights and navigate landlord-tenant disputes since 1980.