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A Legal Resource For Landlords, Investors & Property Managers

UNLAWFUL DETAINERS

Unlawful Detainers

– This type of lawsuit is used to remove unauthorized occupants from properties when there is not a landlord – tenant relationship.

  • What is a landlord- tenant relationship? Generally said, it is a situation where a person or business has possession of a property and agrees to pay something or provide a service in exchange for the right to remain in possession.
  • Do all landlord-tenant relationship have to be based on a written agreement to rent the property? Typically not, as an agreement usually can be verbal. However, it is best to memorialize the terms of the agreement in a writing, signed by both the landlord and tenant.

Situations when an Unlawful Detainer case may be Needed to Remove the Occupant:

Squatters

  • A squatter is typically someone who takes possession of a rental property without the permission of the landlord or property owner. THE SQUATTER TAKEOVER

Guests

  • Having someone stay without you or allowing them to have access and use of your property may be ok for a period of time. But when they begin to over-stay their welcome and then take advantage and refuse to leave, an Unlawful Detainer case may be needed.

Family

  • A family is great and one of the most important facets of our lives, unless they move in but then won’t move out when its time to or when the owner’s requests.

Purchase Property at Foreclosure

  • It has become an unfortunate uncommon event where someone sees a property that looks vacant and they move in. Then, when the property is sold at a foreclosure sale, short-sale, or other transaction between a lender and the borrower and transferee of the property, the person who moved in needs to be removed if they will not leave voluntarily.

Ex-Boyfriends or Ex-Girlfriends

  • Often a very frustrating unfortunate situation, a former significant other refuses to move out of the property after the relationship has reached its end. Resorting to situations involving high-stress, the possibility of confrontations that could escalate to threats of harm, and other bad consequences, the best course of action is through the use of an unlawful detainer lawsuit to remove the former boyfriend or girlfriend from the property.

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