An unlawful detainer is a legal way for a landlord to evict a tenant. It is a summary proceeding to determine the right to possession of real property. Unlawful detainer cases are often used if the tenant does not leave after the lease ends or rent is not paid. Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.
To successfully bring an unlawful detainer action for nonpayment of rent, a landlord must show that the tenant is in possession of the premises, that possession is without permission, the tenant is in default for non-payment of rent, and the tenant has been properly served with a written three-day notice, and default continues after the three-day notice period expired. Nonetheless, unlawful detainer actions may be sustained on grounds beyond nonpayment of rent. For example, a landlord may assert waste by the tenant, which requires showing that the tenant’s actions permanently damaged the market value of the leased property. An unlawful detainer may also be brought on the grounds of illegal use of the property.
An unlawful detainer requires a special court process and can move quickly through the court system. In most jurisdictions, once the landlord has filed the required paperwork, a court hearing on the unlawful detainer will be set. In some jurisdictions, the tenant is required to file a written notice or answer. In those jurisdictions, if the answer is not filed, the landlord will win without a hearing ever being set. A landlord cannot legally evict a tenant without obtaining a Possession Order and a Warrant of Possession. A Warrant of Possession directs the police to evict a tenant from the property. The eviction must always be carried out by the police; the landlord cannot evict tenants themselves.
