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.
Victorville California Request / Counter Request to Set Case for Trial — UnlawfuDetaineder is a legal process that involves a landlord seeking to evict a tenant from their property due to non-payment or breach of the lease agreement. In this situation, the landlord files a request to set the case for trial in order to legally regain possession of the property. Unlawful detained cases in Victorville, California can be classified into two types based on the party filing the request: 1. Landlord's Request to Set Case for Trial — UnlawfuDetaineder: When a landlord initiates an unlawful detained action, they must file a request to set the case for trial. This request outlines the reasons for the eviction and provides supporting evidence such as notices, lease agreements, and records of non-payment. The landlord's objective is to present their case before a judge to obtain a ruling in their favor, ultimately resulting in the tenant's eviction. 2. Tenant's Counter Request to Set Case for Trial — UnlawfuDetaineder: On the other hand, tenants facing eviction can submit a counter request to set the case for trial. This counter request aims to challenge the landlord's claims and defend the tenant's right to remain on the property. The tenant will present evidence and arguments to dispute the grounds for eviction, assert their rights, and potentially seek legal remedies, such as repair orders or payment plans, to rectify any issues raised by the landlord. In both cases, the request or counter request to set the case for trial is a crucial step in the unlawful detained process. It signals the intent of either party to pursue a favorable resolution through a trial, allowing them to present their respective arguments and evidence before a judge. The outcome of the trial can have significant implications for both parties, determining who retains possession of the property and potentially awarding damages or other remedies. It is important to note that the unlawful detained process in Victorville, California is subject to specific legal procedures and timelines. Both landlords and tenants are encouraged to seek legal advice or representation to ensure compliance with applicable laws and to present their case effectively in court.
