What Is An Unlawful Detainer Action?
Under California Civil Code Section 1951.3 an “unlawful detainer” is the court action a landlord must bring in order to evict a tenant. If the landlord wins, the unlawful detainer order will allow the sheriff to forcefully remove the tenant from the residence if the tenant still refuses to leave.
Other California Terminations and Evictions FAQs
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Q:
Can A Landlord Physically Evict A Renter?
A: No. A landlord cannot engage in what is called “self help” by taking actions to physically evict a tenant or physically prevent a tenant from entering the … More -
Q:
I Lost In Court And Will Be Evicted, What Can I Do Now?
A: California Code of Civil Procedure Section 1176 allows a “stay” of the judgment when the evicted party will suffer extreme hardship by being evicted. After … More -
Q:
Will My Eviction Action Be Heard By A Jury Or Judge?
A: In California you have the right to have a jury decide your eviction action. If the landlord does not initially request a jury the tenant may request a jury trial. To … More -
Q:
Is A Landlord Responsible For A Tenants Illegal Activities Or Creation Of A Nuisance?
A: A landlord may initiate an unlawful detainer action in court to evict a tenant who uses the property to do something illegal, or becomes a serious nuisance to other … More
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