California Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

5 Tips to Fighting an Unlawful Detainer (Eviction) Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. ... Keep Good Records. ... Make Sure Notice is Proper. ... Service of the Unlawful Detainer. ... Talking to an Attorney. ... Managing Partner ? Lipton Legal Group, A PC ? Beverly Hills, CA.

You'll need to pay a fee of $240-$450 to the clerk when you file your forms. If you can't afford the fee, you can ask for a fee waiver.

The first step in evicting an unwanted occupant who has ousted the owner/lessor/ or original tenant by means of physical or verbal force is to serve a five day notice to vacate. Once the Notice has expired the Summons, Complaint and Prejudgment Claim of Right to Possession is filed.

Section 1160 - When person guilty of forcible detainer (a) Every person is guilty of a forcible detainer who either: (1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise.

A Motion to Quash Service is filed when you say the landlord didn't serve the Summons and Complaint properly. If you win, the landlord has to re-serve the Summons and Complaint. If the landlord wins, you'll have to file an Answer to the Complaint right away.

After the tenant files the ?Answer,? either the landlord or the tenant can request a court date. After the request, the court will set a court date and send a notice to the parties. Please see our referral list for legal assistance or representation on your eviction matter.

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.

Answering the Unlawful Detainer If you don't file an answer within five days, you can't appear in court. A default judgment will be entered against you. Once the default is entered, you can be evicted.

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California Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand