Unlawful detainer is a legal claim or proceeding used when a tenant remains in possession of property without the legal right to do so.
Why It Matters
This term matters because the landlord usually needs a formal legal process to recover possession. Unlawful detainer is often the mechanism used after notice requirements are satisfied.
Where It Appears
Unlawful detainer appears in court proceedings involving nonpayment, lease violations, expired tenancies, holdover tenants, and other possession disputes.
Practical Example
A tenancy ends, but the tenant does not leave after proper notice. The landlord files an unlawful detainer case to recover possession.
How It Differs From Nearby Terms
An eviction notice is the notice step that may come first. Unlawful detainer is often the court claim that follows. A holdover tenant is the factual situation of remaining after the tenancy ends.
Related Terms
Knowledge Check
- What is unlawful detainer mainly used for? It is mainly used to recover possession when a tenant remains without legal right.
- How is unlawful detainer different from an eviction notice? The notice is an earlier warning or demand step, while unlawful detainer is often the court proceeding that follows.