This form, Request/Counter-Request to Set Case for Trial - Unlawful Detainer, can be used to request or counter request an unlawful detainer case for trial. USLF control no. CA-UD-150.
A forcible entry and detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non-residential.
The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
Chula Vista, California: Request / Counter Request to Set Case for Trial — UnlawfuDetaineder In Chula Vista, California, if you are facing an unlawful detained case, you have the option to file a Request or Counter Request to set the case for trial. These requests are crucial steps in the legal process that allow both landlords and tenants to present their arguments before a judge in order to resolve the eviction matter. A Request to Set Case for Trial can be initiated by either the landlord or the tenant involved in the unlawful detained case. This request signals the desire to have the case heard in court, where both parties can provide evidence, present witnesses, and make their respective claims. It is important to submit this request within the given timeframe specified by the court to ensure the case proceeds efficiently. The Counter Request to Set Case for Trial is a response that can be filed by the opposing party to either support the original request or to contest it. This counter request serves as the opposing party's way of contesting the initial request and proposing their own argument as to why the case should or should not proceed to trial. It is a means for the opposing party to present their defense or counter-claim, aiming to influence the judge's decision on whether to set the case for trial. Typically, there are several types of unlawful detained cases in Chula Vista, California, which may require a Request or Counter Request to Set Case for Trial. Some common types include: 1. Non-payment of rent: This scenario involves a tenant who has failed to pay rent on time or has accrued significant arrears, resulting in the landlord seeking eviction. 2. Breach of lease terms: In this case, a tenant may have violated terms outlined in the lease agreement, such as unauthorized subletting, pets, or excessive noise, leading the landlord to pursue eviction. 3. Holdover tenants: When a tenant remains in the rental property beyond the lease term agreement or refuses to vacate after proper notice, the landlord may initiate an unlawful detained case. 4. Nuisance or illegal activities: If a tenant engages in illegal activities, creates a nuisance, or disrupts the peace in the neighborhood, the landlord can proceed with an unlawful detained case. 5. Unapproved occupants: This pertains to situations where a tenant brings in additional occupants without prior approval from the landlord, violating lease terms and potentially leading to eviction. Regardless of the specific type of unlawful detained case in Chula Vista, California, filing a Request or Counter Request to Set Case for Trial is a critical step to ensure both parties' arguments are heard and evaluated by a judge. These requests provide an opportunity for landlords and tenants to present their evidence and have a fair chance at resolving the eviction matter in a court of law.Chula Vista, California: Request / Counter Request to Set Case for Trial — UnlawfuDetaineder In Chula Vista, California, if you are facing an unlawful detained case, you have the option to file a Request or Counter Request to set the case for trial. These requests are crucial steps in the legal process that allow both landlords and tenants to present their arguments before a judge in order to resolve the eviction matter. A Request to Set Case for Trial can be initiated by either the landlord or the tenant involved in the unlawful detained case. This request signals the desire to have the case heard in court, where both parties can provide evidence, present witnesses, and make their respective claims. It is important to submit this request within the given timeframe specified by the court to ensure the case proceeds efficiently. The Counter Request to Set Case for Trial is a response that can be filed by the opposing party to either support the original request or to contest it. This counter request serves as the opposing party's way of contesting the initial request and proposing their own argument as to why the case should or should not proceed to trial. It is a means for the opposing party to present their defense or counter-claim, aiming to influence the judge's decision on whether to set the case for trial. Typically, there are several types of unlawful detained cases in Chula Vista, California, which may require a Request or Counter Request to Set Case for Trial. Some common types include: 1. Non-payment of rent: This scenario involves a tenant who has failed to pay rent on time or has accrued significant arrears, resulting in the landlord seeking eviction. 2. Breach of lease terms: In this case, a tenant may have violated terms outlined in the lease agreement, such as unauthorized subletting, pets, or excessive noise, leading the landlord to pursue eviction. 3. Holdover tenants: When a tenant remains in the rental property beyond the lease term agreement or refuses to vacate after proper notice, the landlord may initiate an unlawful detained case. 4. Nuisance or illegal activities: If a tenant engages in illegal activities, creates a nuisance, or disrupts the peace in the neighborhood, the landlord can proceed with an unlawful detained case. 5. Unapproved occupants: This pertains to situations where a tenant brings in additional occupants without prior approval from the landlord, violating lease terms and potentially leading to eviction. Regardless of the specific type of unlawful detained case in Chula Vista, California, filing a Request or Counter Request to Set Case for Trial is a critical step to ensure both parties' arguments are heard and evaluated by a judge. These requests provide an opportunity for landlords and tenants to present their evidence and have a fair chance at resolving the eviction matter in a court of law.
