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.
Modesto California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder refers to the legal process in which a landlord files an action against a tenant to regain possession of a rental property. In this article, we will provide a detailed description of what this process entails, including the various types of requests and counter requests that can be made. In Modesto, California, both landlords and tenants involved in an unlawful detained case have the right to request a trial by filing a request to set the case for trial. This formal request signals to the court that one party wants to resolve the dispute through a trial rather than a settlement or another form of resolution. A request to set a case for trial can be made by either the landlord or the tenant. The landlord may file this request to seek eviction by demonstrating that the tenant has violated the terms of the lease agreement, such as failing to pay rent or engaging in illegal activities on the property. On the other hand, the tenant may file a counter request to set the case for trial if they believe they have valid defenses against eviction, such as landlord's failure to maintain the property or retaliatory actions. The specific types of Modesto California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder include: 1. Landlord's Request to Set Case for Trial: This request is filed by the landlord to initiate the eviction process and regain possession of the rental property. It typically includes evidence supporting the landlord's claims, such as notices served and lease agreements. 2. Tenant's Counter Request to Set Case for Trial: If the tenant believes they have valid defenses against eviction, they can file a counter request to set the case for trial. This document should outline the reasons why the tenant believes they should not be evicted and may include supporting evidence. It's important to note that both parties must adhere to specific timelines and procedures when filing these requests. Failure to meet deadlines or submit the necessary documents can significantly impact the outcome of the case. Therefore, it is advisable for both landlords and tenants to consult with a qualified attorney or seek legal advice to ensure the proper preparation and submission of their request or counter request to set a case for trial in Modesto, California.
