When to file a commercial unlawful detainer action?

Many practitioners believe that before filing an unlawful detainer action, the landlord must serve a “three day notice.” While notice is required, many commercial leases provide various notice requirements, depending on the tenant’s breach. If the landlord provides insufficient notice, it will lose the case.

What can a landlord do with an unlawful detainer?

When a landlord proceeds by way of unlawful detainer (versus a traditional breach of contract claim or other theory), the landlord cannot pursue “damages.” Instead, the landlord can pursue its right to possession of the property and incidental damages resulting from the tenant’s unlawful detention.

What should be included in an unlawful detainer summons?

The Unlawful Detainer Summons shall also set forth the date and time of the initial hearing which can be obtained from the clerk’s office. The Unlawful Detainer Summons must also contain the amount of rent and damages due on the day of filing.

Can a cross complaint against an unlawful detainer be filed?

Cross-complaints (and affirmative defenses unrelated to the issue of possession) are not permitted. While parties can conduct discovery, they typically do not have the luxury of propounding detailed written discovery requests or taking multiple depositions because unlawful detainer actions typically get tried within a few months of filing.

What is the definition of an unlawful detainer?

UNLAWFUL DETAINER Definition Of Unlawful Detainer An Unlawful Detainer is only one of the legal actions for a landlord to evict a tenant(s) from rental property. These instructions are for landlords without attorneys and are not for commercial tenants or Section 8.

Can a landlord use an unlawful detainer lawsuit to evict you?

An eviction, also called an Unlawful Detainer Lawsuit, is a legal procedure the landlord uses to get back possession of rental property from the tenant. If a tenant does not voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant.

When to use this packet unlawful detainer packets?

Unlawful Detainer. WHEN TO USE THIS PACKET Unlawful Detainer is only one of the legal actions for a landlord to evict a tenant(s) from residential property. These instructions are for landlords without attorneys. This packet is not for commercial tenants, Section 8, or floating homes.

How to file a complaint for unlawful detainer in California?

Summons And Complaint – Unlawful Detainer (You can get the unlawful detainer forms from the Court Clerk or at www.courtinfo.ca.gov.) Once the Complaint – Unlawful Detainer is filed, the landlord will be the Plaintiff and the tenant will be the Defendant. Do the following: