Questions Regarding Unlawful Detainer Action

When a land lord asks a tenant to leave a property by legal means

, it is called unlawful detainer action. The most common name associated with this action is eviction. In most situations, a landlord is required to go through legal means to evict a tenant from his/her property. Answered below are some of the commonly asked questions about unlawful retainer action:

What does a notice of commencement of unlawful retainer action mean?

A notice of commencement of unlawful detainer action is the notification that the court may send a person informing him/her that an eviction order has been filed with the court. The person has to follow any instructions and respond to the complaint within the give time once he/she receives the notice.

Can the landlord evict a person from his/her childs house if the persons name is not there on an unlawful detainer notice?

An eviction notice is also called an unlawful detainer. Its name will depend on the state in which the person resides. In some states this notice may be called a forcible detainer or an eviction action. If a landlord files an unlawful detainer action, it would be against anybody living on a property irrespective of how many people live there. If the name of the persons child is on the lease, then the owner will name the child on the notice and add et all which means all the others. This way, the landlord can evict anyone who is named on the lease as well as anybody else who lives with that person.

What can a person do if he/she gets an unlawful detainer action notice for a house from which he/she has moved out on December 27, 2001?

A person may be filed with an unlawful detainer notice for a property that he/she does not live on anymore if he/she owes any rent for that property or if there was some kind of damage done to it. This will be sent irrespective of whether the person lives on the property or not. The person may speak to his/her lawyer and try to get an out of court settlement. However, if the house was inspected before the person left and a report about its condition was made, then the person cannot be held responsible for any damage done to it after he/she left. The person, in such a situation may speak to the attorney and find out what the notice is about.

How can a plaintiff file a motion to vacate an unlawful detainer in the state of California if the person has already moved?

In a situation like the one mentioned above, the plaintiff may have to file a request for dismissal. He/she should check the complaint box without any prejudice while filling out the form. This will prevent him/her from filing another suit at a later date. The person should be sent the notice by mail. The form should be given to the court clerk on completion. The dismissal will be entered by the clerk. The individual will be sent a copy of the form.

People do not like to get an unlawful detainer action. Such a notice is sent when the landlord wants to evict a person from his/her property. One may not know much about unlawful detainer actions and hence may not know what to do if served with such a notice. One may ask a lawyer if one has any questions about these notices.

by: MeghanJones

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