Unlawful Detainer Over With A Permit

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Multi-State
Control #:
US-03315BG
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Word; 
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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


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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  • Preview Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term
  • Preview Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term
  • Preview Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

How to fill out Complaint For Unlawful Detainer - Residential Tenant Holding Over After Expiration Of Term?

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FAQ

To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.

If the court decides in favor of the landlord, the court will issue a Judgment and a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily.

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.

A tenant in California can absolutely win an unlawful detainer case if they can prove in court that there is no legal ground for the eviction or if the landlord has not followed the correct procedure for the eviction.

If the tenant loses at trial and is to be evicted, the landlord will obtain a Writ of Possession, giving the sheriff authority to physically remove the tenant from the property.

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Unlawful Detainer Over With A Permit