How Does A Landlord File An Unlawful Detainer Action ?
An unlawful detainer action is initiated by a landlord when he or she wants to evict a tenant from a rental property. Usually, this kind of lawsuit is filed by a landlord when the tenant has not stuck to the terms of the rental agreement, when the rent for the rental property is past the due date or when the landlord wants to have legal possession of the rental property. (See Reference 1) |
Unlawful detainer action is not a long drawn out court procedure as usually it comes for trial within fourteen days of the lawsuit being filed and notice being served to the tenant. (See Reference 1) So, how does a landlord file an unlawful detainer action?
While the procedure for filing this kind of lawsuit varies from state to state and even city to city, there are steps that are common to this lawsuit.
Step 1
The landlord must issue a notice to the tenant to terminate the rental agreement. The notice can be a three-day one where the tenant must pay the rent or leave the premises, or it can be the thirty-day notice to terminate the lease agreement. (See Reference 1) However, this notice is not required if the rental agreement expires, the tenant vacates the premises on his or her own accord, or if the landlord and tenant mutually agree to terminate the rental agreement. (See Reference 1)
Step 2
The landlord then has to make a complaint and file the same in the court after paying a filing fee. A copy of this complaint has to be given to the tenant. The complaint must contain proof that the tenant has no legal rights to stay in the rented property. Once the tenant receives the copy of the complaint, he or she has around five days to respond to this. (See Reference 1)
Step 3
If the tenant does not respond to the complaint within the mandatory time period, the landlord has to apply to the court to enter a default judgment against the tenant. However, if the tenant responds to the complaint within the mandatory time period and decides to contest the claims of the landlord, the court then sets a trail date for the hearing. The tenant has to pay a fee to file his or her response in court. (See Reference 1)
Step 4
For the trial date to be set, a landlord has to file a memo. Once this is done, the wheels move rather fast and the trial may begin within a period of ten to twenty days. (See Reference 1) In case the tenant cannot be present for the date when the trial is fixed, he or she must file a counter memo in the court. During this counter memo filing, the tenant has a right to ask for jury trial. (See Reference 1)
Once the trial date is fixed, the court hearing begins where each party presents his or her side with proof and evidence. The duration of the trial is around two hours and thereafter the court passes its judgment. (See Reference 1) Then, the write of execution is issued and this is served by the sheriff's office on payment of a fee. The tenant will be give around 5 days to vacate the rental property or be evicted thereafter by the sheriff's office. (See Reference 1)
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How Does A Landlord File An Unlawful Detainer Action
Landlords always have the fear that tenants might damage their properties or they can face a lawsuit if a tenant or a visitor coming to the property gets injured. This is a cause of worry for all landlords and the best way to protect their interests is to take landlord insurance. (See Reference 1) 
