Legal Definitions - unlawful arrest

An unlawful-detainer proceeding is a specific type of legal action initiated by a property owner, typically a landlord, to regain possession of their rental property from a tenant who is wrongfully occupying it. This legal process is used when a tenant remains on the property after their legal right to occupy it has ended, such as when a lease has expired, rent has not been paid, or other significant terms of the rental agreement have been violated.

• Example 1: Overstaying a Lease

  Maria's one-year apartment lease expired on June 30th. Despite receiving multiple reminders from her landlord, Mr. Rodriguez, and being offered a new lease at a higher rate which she declined, Maria refused to move out by the end of June. She continued to live in the apartment without a valid lease agreement.

  This illustrates an unlawful-detainer proceeding because Maria is wrongfully holding the tenancy after her lease has expired. Mr. Rodriguez would initiate this legal action to formally evict her and regain legal possession of his apartment.

• Example 2: Non-Payment of Rent

  A small business, "The Corner Cafe," rented a commercial space from Ms. Davies. After several months of consistent rent payments, the cafe began to struggle financially and failed to pay rent for two consecutive months. Ms. Davies sent proper legal notices demanding payment or vacation of the premises, but the cafe continued to operate without paying rent.

  Here, Ms. Davies would file an unlawful-detainer proceeding to legally remove "The Corner Cafe" from her commercial property. The cafe's failure to pay rent constitutes a breach of the lease agreement, making their continued occupation wrongful.

• Example 3: Lease Violation

  The Miller family rented a house with a strict clause in their lease prohibiting any alterations to the property's exterior. Despite this, they built a large, unapproved shed in the backyard, violating the terms of their agreement. After receiving written warnings from the landlord, Mr. Chen, to remove the shed and restore the property, the Millers refused to comply.

  Mr. Chen would initiate an unlawful-detainer proceeding to evict the Miller family. Their refusal to remedy the significant lease violation means they are wrongfully detaining the property, giving the landlord legal grounds to seek their removal and regain control of the premises.