Legal Definitions - unlawful detainer

An unlawful detainer is a specific type of legal lawsuit that a property owner, typically a landlord, files to quickly regain possession of their property from a tenant or occupant who no longer has a legal right to be there. It is a streamlined court process focused primarily on determining who has the right to occupy the premises.

To initiate such an action, the landlord must generally demonstrate that the tenant has violated the lease agreement or stayed beyond the lease term, and that the landlord has followed all required legal steps, such as providing proper written notice to the tenant. The primary goal of an unlawful detainer action is for the landlord to recover physical possession of the property, often along with any unpaid rent or damages.

Here are a few examples of situations where an unlawful detainer action might be used:

• Non-Payment of Rent: Imagine a tenant, Mr. Henderson, who has consistently paid his monthly rent on time for two years. However, due to unforeseen financial difficulties, he fails to pay rent for July and August. His landlord, Ms. Davis, sends him a formal written notice stating that he must either pay the overdue rent within three days or vacate the apartment. Mr. Henderson does neither.

  This illustrates unlawful detainer because Mr. Henderson is remaining in possession of the property without fulfilling his fundamental lease obligation (paying rent) after receiving proper legal notice from Ms. Davis. Ms. Davis can now file an unlawful detainer action to legally remove him and regain possession of her apartment.

• Violation of Lease Terms: Consider a commercial lease agreement for a small retail space that explicitly prohibits the tenant, a clothing boutique owner, from making any structural alterations to the premises without the landlord's written consent. Despite this clause and repeated verbal warnings, the boutique owner proceeds to knock down a non-load-bearing wall to expand their display area without seeking permission. The landlord then serves a formal notice to "cure or quit," demanding that the wall be restored or the tenant vacate. The tenant refuses to comply.

  This illustrates unlawful detainer because the tenant is in breach of a significant term of their lease agreement by making unauthorized structural changes. By continuing to occupy the property after failing to remedy the breach within the notice period, they are unlawfully detaining the commercial space, allowing the landlord to pursue legal action for possession.

• Holding Over After Lease Expiration: A family, the Millers, signs a one-year lease for a house, which clearly states the lease term ends on September 30th and will not be renewed. The landlord reminds them of the upcoming expiration several months in advance. Despite the lease ending and having no new agreement in place, the Millers refuse to move out on October 1st, continuing to occupy the house.

  This illustrates unlawful detainer because the Millers' legal right to possess the property expired with their lease. By remaining in the house without the landlord's permission after the agreed-upon term, they are unlawfully detaining the property, and the landlord can initiate an unlawful detainer action to force their removal and regain control of the house.