California Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights

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Unlawful detention in the real property context means keeping possession of real property without a right, such as after a lease has expired. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem.

Code §1161, et. seq.) A tenant is guilty of unlawful detainer when he continues in possession of the property, without the permission of the landlord, after default in the payment of rent, and three days' notice, in writing, requiring its payment. (Cal.

Who has the burden of proof in an unlawful detainer in California? California landlords must prove illegal detainer cases. The landlord is the plaintiff and must prove that the tenant broke the lease or rental agreement to justify eviction under California law. The landlord needs proof.

Depending on the basis of the eviction, it is a 3-, 30-, 60- or 90-day notice. After that notice expires, the landlord can file the lawsuit. If based upon expiration of the lease or employment, the case can be filed immediately. The landlord must go through court to evict.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

It Is Wrongful Eviction When: A tenant vacates a rent-controlled apartment pursuant to an illegal eviction notice. A landlord fails to timely move in after an owner-move-in eviction. A relative fails to timely move in after a relative-move-in eviction.

A Demurrer is filed by the tenant to say the Complaint doesn't include all the facts or legal requirements to prove they should be evicted. A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice.

An Unlawful Detainer, more commonly known as an eviction, is used when a landlord wants to get tenants out of a rental property - either commercial or residential. Only a sheriff can evict someone. Even if a tenant is months behind on rent, the landlord cannot evict the tenant or get rid of the tenant's belongings.

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California Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights