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You are here: More Topics > Landlord/Tenant > Questions & Answers > What is an unlawful detainer lawsuit?
Problems often arise that damage the relationship between a tenant and a landlord and may lead to the landlord wanting to remove the tenant from his or her rental property. Under California law, the landlord must follow very strict rules to make a tenant leave the rental property, and the tenant, too, must follow strict rules to defend his or her right to remain on the property. An unlawful detainer lawsuit (also called a residential eviction) is a court process that a landlord in California must use to make a tenant move out of his or her rental unit and in many cases to force payment of back rent. Usually a landlord will try to evict a tenant who falls behind in rental payments, stays after the lease is up, or fails to move after the landlord gives notice that he or she is cancelling the rental agreement. Sometimes the landlord will also try to evict a tenant who fails to follow key terms of the rental agreement.
An unlawful detainer lawsuit is a special court proceeding. It moves through the court system faster than other lawsuits. It is a legal way for a landlord to evict someone from a rented living space.. Unlawful detainer cases deal with only one type of problem—when a landlord wants to evict a tenant.
In unlawful detainer cases, the tenant may live in:
- an apartment;
- house;
- duplex;
- condominium; or
- room.
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Last modified: 03/17/2008
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