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Unlawful Detainers In California: What You Should Know

  • Published: June 18, 2021
Unlawful Detainers In California

What Is An Unlawful Detainer?

It is important to start off by talking about exactly what an unlawful detainer is. An unlawful detainer is actually quite simple, as a Landlord tenant attorney Orange County would tell you. It simply refers to someone that continues to possess a certain property when they actually do not have a legal right to said property in the first place. There are many kinds of examples of unlawful detainers.

One of the most common examples of unlawful detaining is when a tenant keeps living in a certain rental unit even though their lease was terminated or expired. In this case, the tenant knows that they aren’t legally allowed to live in that rental unit but does so anyway. These tenants are typically informed that they have no legal right to the rental unit anymore because they were served a Notice to Vacate.

Why Would Your Landlord File An Unlawful Detainer?

There are many reasons why your landlord would file an unlawful detainer. One of the reasons that a landlord will file an unlawful detainer is if you have not paid your rent. This is a common reason for filing an unlawful detainer. However, there are other reasons which you can find out from an Orange County landlord tenant attorney.

One reason that your landlord would file an unlawful detainer is if you have violated the rental agreement and have not stopped this violation even after receiving notice to do so. If your landlord informs you that you are in violation of the rental agreement, you should stop violating it immediately and seek a resolution. Another less common reason that your landlord would file an unlawful detainer is in the event that you are engaged in some kind of illegal activity at the rental property.

How Can A Lawyer Assist You If You Are Served An Unlawful Detainer?

A lawyer such as a Landlord-tenant attorney Orange County can help you in several ways. The attorney can check to make sure that the paperwork is both valid and without flaws. They will also check and figure out if the landlord delivered the documents to you properly.

A lawyer, such as one from the Katje Law Group, can file an appropriate response to the unlawful detainer with the court. In the state of California, if you were personally served an unlawful detainer, you only have five days to file a response. A lawyer can help you get this done.

September Katje, Esq.

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What Makes Attorney September Katje Uniquely Qualified To Represent You?

Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.

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