This form, Request/Counter-Request to Set Case for Trial - Unlawful Detainer, can be used to request or counter request an unlawful detainer case for trial. USLF control no. CA-UD-150.
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 Request / Counter Request to Set Case for Trial — UnlawfuDetaineder is an important legal process used in Antioch, California, to resolve disputes between landlords and tenants. This procedure allows both parties to have their claims and defenses heard in front of a judge in order to reach a fair resolution. In an Unlawful Detained case, the landlord, known as the plaintiff, is seeking to evict the tenant, known as the defendant, for various reasons such as non-payment of rent, violation of lease terms, or expiration of the lease. On the other hand, the tenant might counterclaim, disputing the landlord's allegations and putting forth their own defenses or claiming for damages. To initiate this process, the plaintiff must file a Request to Set Case for Trial. This legal document formally requests the court to schedule a trial date for the Unlawful Detained case. It includes relevant details such as the names of the parties involved, the address of the property in question, the reasons for eviction, and any evidence supporting the plaintiff's claims. In response, the defendant can file a Counter Request to Set Case for Trial, which is a counterclaim seeking to have their defenses and counter-allegations heard in court. The Counter Request to Set Case for Trial includes similar information as the plaintiff's request, but highlights the defendant's claims, defenses, and any evidence or witnesses they wish to present. There are different types of Antioch California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder, depending on the specific circumstances of the case. These may include: 1. Non-Payment of Rent: — Plaintiff's Request to Set Case for Trial — UnlawfuDetaineder for Non-Payment of Rent — Defendant's Counter Request to Set Case for Trial — UnlawfuDetaineder for Non-Payment of Rent 2. Lease Violations: — Plaintiff's Request to Set Case for Trial — UnlawfuDetaineder for Lease Violations — Defendant's Counter Request to Set Case for Trial — UnlawfuDetaineder for Lease Violations 3. Holdover Tenancy (Expired Lease): — Plaintiff's Request to Set Case for Trial — UnlawfuDetaineder for Holdover Tenancy — Defendant's Counter Request to Set Case for Trial — UnlawfuDetaineder for Holdover Tenancy 4. Nuisance or Illegal Activity: — Plaintiff's Request to Set Case for Trial — UnlawfuDetaineder for Nuisance or Illegal Activity — Defendant's Counter Request to Set Case for Trial — UnlawfuDetaineder for Nuisance or Illegal Activity 5. Breach of Agreement: — Plaintiff's Request to Set Case for Trial — UnlawfuDetaineder for Breach of Agreement — Defendant's Counter Request to Set Case for Trial — UnlawfuDetaineder for Breach of Agreement Antioch California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder provide an opportunity for both the landlord and tenant to present their arguments and evidence before a judge, allowing for a fair and impartial resolution to the eviction dispute. It is crucial for individuals involved in an Unlawful Detained case to understand the specific type of request or counter-request they need to file, ensuring they accurately address the legal issues at hand.
