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It is similar to an eviction proceeding except that in an Unlawful Detainer case, there is no landlord/tenant relationship between parties, i.e., there is no agreement to pay rent, either verbal or in writing.
If the tenant does nothing, the landlord can go to court and obtain a Default Judgment against him. After a default judgment, the tenant no longer has the ability to fight the landlord's allegations or assert legal rights. The landlord can also start the process that ends in the sheriff's locking out the tenant.
1. Wait to see how your tenant responds. After your tenant is served the Summons and Complaint forms, they have 5 days to file a response with the court. The 5 days don't include Saturdays, Sundays, or court holidays.
Form Packets ? Unlawful Detainer (Evictions) FORM NUMBERFORM NAMESUM-130Summons-Unlawful Detainer-EvictionUD-100Complaint- Unlawful DetainerPOS-010Proof of Service of SummonsUD-150Request/Counter-Request to Set Case for Trial10 more rows
After filing the unlawful detainer with the court, the tenant then has a period of 10-15 days to respond. If the tenant responds and decides to fight the case, this becomes a contested eviction. A trial date is set, and the property manager needs to go to court and present their case.