Forcible Detainer Complaint

If you have an eviction record on your background, you can petition the court in the county where the case was filed to have the record expunged, or sealed. This typically requires filing a petition with the court and paying a filing... Hopefully I can at least get my money back if he is not going to help.

A summary proceeding to recover possession of land that is instituted by one who has been wrongfully ousted from, or deprived of, possession. Even if it is unlawful, peaceable possession cannot be terminated by violence.

An unlawful detainer is a legal way for a landlord to evict a tenant. It requires a special court process and can move quickly through the court system. Unlawful detainer cases are often used if one of the following occurs: The tenant does not leave after the lease ends. Rent is not paid.

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.

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

Forcible detainers are usually filed and served when the landlord is alleging that the tenant has stayed in her apartment without her permission.Like a proceeding for unlawful detainer, forcible detainer is a summary proceeding and the tenant must file a responsive pleading within five days after being served.

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.