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an unlawful detainer action is part of the process of removing a tenant for non-payment of rent, failing to meet the terms of the lease, or refusing to leave the property. it is the third step of the eviction process:
1. notice to pay or quit served
2. tenant has three days to respond
3. unlawful detainer is filed in municipal court
4. tenant has five days to respond after being served
5. writ of possession granted
6. sheriff sends eviction notice and physically removes tenant if no response within five days
(California real estate Principles, 10 E., Sherry Schindler Price)
Wiki User
∙ 14y ago
Wiki User
∙ 12y agofraudulent default was entered agenst me because I did not answered summion and complaint due to an unlawful detaner that was field by the plaintiff to this complaint plaintiff field an unlawful detaner action on 3/28/08 and plaintiff states' I was served on 3/31/08 by personal service by a regeasted process server I was not served by any process server at all the only thining I recived by mail was 2 summion and complaints' frist was on 4/4/08 I went to court legal adviser said not to answer due to invalid summions and complaint and I was going to file answer default clerk said no proof of service was not submittit to the court yet and I also have to be served to file answer,I receive an other summions and complaint on 4/17/08 I went to court the legal adviser said this summions invalid and is not complate I said to legal adviser that I was going to file an answer any way that's' when I found out that a judgment was entered agenst me I want to know how did the plaintiff get a way with entering a fraudulent jugdement agenst me I don't understand how was I to answer to the invalid summions I recived on 4/4/08 and the summions and complaint I recived on 4/17/08 can you or do you know some one that can help me with my problem if so my email is maxcheqeta@Yahoo.com thank you and god bless you. oh' p.s. my name is victor
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Motion to set aside unlawful detainer?
Can I file a motion to set aside a dismissal on a unlawful detainer
Is a mobile home an unlawful detainer?
A mobile home can be subject to an unlawful detainer action if the tenant is in violation of the terms of the lease, such as not paying rent or causing damage to the property. The legal process for eviction of a mobile home tenant varies depending on state laws and the specific circumstances of the case. It is important to consult with a legal professional for guidance on unlawful detainer proceedings involving a mobile home.
What happens to the unlawful detainer summons if you already vacated the house long before the unlawful detainer was filed in court?
My guess is that it would be mute. Nothing.
Can your landlord have contact with you if he filed a unlawful detainer?
Certainly.
How do you remove a unlawful detainer?
A homeowner can win an unlawful detainer case by proving their case to a judge. The chances of winning are greatly increased by seeking the aid of a local attorney.
How long in Mn does a unlawful detainer stay on your record?
In Minnesota, an unlawful detainer action will remain on your record indefinitely unless it is expunged or sealed by a court order. This could potentially impact your ability to rent in the future or pass background checks for certain opportunities. It is advisable to seek legal counsel to explore options for mitigating the impact of an unlawful detainer on your record.
Can a unlawful detainer be refiled?
You have only 5 days from when you get your notice. After that no.
How long after an unlawful detainer do you have to move?
The timeline for moving out after an unlawful detainer varies by state, but it typically ranges from 5 to 10 days after a court judgment is issued in favor of the landlord. It's important to carefully review the specific laws applicable to your situation.
How long does an unlawful detainer stay on your record in California?
An Unlawful Detainer lasts on your credit report for 7 years in CA. CA Civil Code Section 1785.13(a)(7). Leginfo.ca.gov is a good site if you need reference to the code.
Is an unlawful detainer the same as an eviction?
No. Not technically. An unlawful detainer is the name of the pleading filed in order to eventually obtain an eviction, which is where the law comes and puts you out of your landlords property. In law words have very specific, individual meanings. Sometimes lay people use these legal words interchangeably, thereby unwittingly making "unlawful detainer" have the same general meaning as "eviction." In other words unlawful detainer is a piece of paper, and eviction is the physical act of the authorities putting you out and your landlord back in. Thanks.
Will an unlawful detainer judgment affect your credit score?
Yes, an unlawful detainer judgment can negatively impact your credit score. It may appear on your credit report as a negative item, leading to a decrease in your credit score and potentially affecting your ability to secure future loans or rental accommodations.
What happens after you answer a unlawful detainer?
Your landlord will win the lawsuit by default. Then a writ of restitution will be entered, and you will be forcibly removed from your apartment.
