Legal Definitions - detainer

Detainer refers to the act of keeping something or someone in one's possession or custody, often without legal right or against the will of another. It can also refer to a formal legal order authorizing such custody, particularly in the context of holding a person in jail.

Here are some examples illustrating the concept of detainer:

• Unlawful Detainer of Property: Imagine a situation where a tenant's one-year lease for an apartment officially ends on July 31st. Despite receiving proper notice from the landlord and being asked to vacate, the tenant refuses to move out and continues to occupy the apartment into August without a new agreement. The landlord would then typically initiate an "unlawful detainer" lawsuit to legally remove the tenant.

  This illustrates detainer because the tenant is unjustly retaining possession of the real property (the apartment) after their legal right to occupy it has expired, despite the owner's demand for its return.

• Detainer for a Person in Custody: Consider an individual who is arrested in State A for a minor traffic violation and is awaiting a court hearing. During this time, authorities in State B discover that the same individual has an outstanding felony warrant for a more serious crime in their jurisdiction. State B can then issue a "detainer" to State A.

  In this context, the detainer is a formal request or legal order from State B asking State A to hold the individual in custody after their current legal proceedings in State A are resolved, rather than releasing them. This ensures the individual can be transferred to State B to face the charges there, preventing their release and potential flight.