This form, Complaint - Unlawful Detainer, can be used to file a complaint against someone for an unlawful detainment. This is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law. USLF control no. CA-UD-100.
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.
A Santa Clara California Complaint — UnlawfuDetaineder is a legal action initiated by a landlord against a tenant to regain possession of a property due to the tenant's failure to comply with the terms of the lease agreement or the expiration of the lease. Unlawful detained refers to the tenant's unlawful occupation of the premises beyond the agreed-upon terms. This type of complaint is typically filed when the tenant violates the terms of the lease by failing to pay rent, causing significant damage to the property, violating substantial lease provisions, or overstaying the agreed lease period. There are different types of unlawful detained complaints in Santa Clara, California, based on the specific reasons for eviction: 1. Nonpayment of Rent: This is the most common type of unlawful detained complaint wherein the tenant fails to pay rent as per the lease agreement or fails to rectify the non-payment after receiving a written notice to pay. 2. Breach of Lease Agreement: If a tenant violates a substantial lease provision, such as using the rental property for illegal activities, subletting without permission, or causing significant damage to the property, the landlord can file an unlawful detained complaint. 3. Holding Over: If a tenant continues to occupy the premises after the expiration of the lease term without the landlord's consent, an unlawful detained complaint can be filed to regain possession of the property. 4. Nuisance: If the tenant's activities or behavior create a nuisance or disturbance to other tenants or neighbors, a landlord can file an unlawful detained complaint to remove the tenant from the rental property. 5. Illegal Use: If a tenant uses the rental property for illegal purposes, such as drug manufacturing or operating an illegal business, an unlawful detained complaint can be filed to evict the tenant. When initiating a Santa Clara California Complaint — UnlawfuDetaineder, the landlord must adhere to specific legal procedures, including serving proper notices, having completed a termination of the tenancy, and filing the complaint with the appropriate court. It is advisable for both landlords and tenants to seek legal counsel and familiarize themselves with Santa Clara's specific laws and regulations regarding unlawful detained actions to ensure the process is carried out correctly.A Santa Clara California Complaint — UnlawfuDetaineder is a legal action initiated by a landlord against a tenant to regain possession of a property due to the tenant's failure to comply with the terms of the lease agreement or the expiration of the lease. Unlawful detained refers to the tenant's unlawful occupation of the premises beyond the agreed-upon terms. This type of complaint is typically filed when the tenant violates the terms of the lease by failing to pay rent, causing significant damage to the property, violating substantial lease provisions, or overstaying the agreed lease period. There are different types of unlawful detained complaints in Santa Clara, California, based on the specific reasons for eviction: 1. Nonpayment of Rent: This is the most common type of unlawful detained complaint wherein the tenant fails to pay rent as per the lease agreement or fails to rectify the non-payment after receiving a written notice to pay. 2. Breach of Lease Agreement: If a tenant violates a substantial lease provision, such as using the rental property for illegal activities, subletting without permission, or causing significant damage to the property, the landlord can file an unlawful detained complaint. 3. Holding Over: If a tenant continues to occupy the premises after the expiration of the lease term without the landlord's consent, an unlawful detained complaint can be filed to regain possession of the property. 4. Nuisance: If the tenant's activities or behavior create a nuisance or disturbance to other tenants or neighbors, a landlord can file an unlawful detained complaint to remove the tenant from the rental property. 5. Illegal Use: If a tenant uses the rental property for illegal purposes, such as drug manufacturing or operating an illegal business, an unlawful detained complaint can be filed to evict the tenant. When initiating a Santa Clara California Complaint — UnlawfuDetaineder, the landlord must adhere to specific legal procedures, including serving proper notices, having completed a termination of the tenancy, and filing the complaint with the appropriate court. It is advisable for both landlords and tenants to seek legal counsel and familiarize themselves with Santa Clara's specific laws and regulations regarding unlawful detained actions to ensure the process is carried out correctly.