Unlawful Detainer
A summary court proceeding by which a landlord seeks to recover possession of real property from a tenant who has no legal right to remain after proper notice. The statutory eviction lawsuit. See Cal. Code Civ. Proc. § 1161.
Also known as: UD action, eviction lawsuit, summary possession proceeding
Definition
An unlawful detainer action is a summary judicial proceeding enabling a landlord to recover possession of residential or commercial property. In California, it is governed by Code of Civil Procedure §§ 1161–1179a.
Statutory Grounds
Cal. Code Civ. Proc. § 1161 specifies four grounds for unlawful detainer:
- Nonpayment of rent (§ 1161(2)): Tenant has failed to pay rent within three days of a proper pay-or-quit notice
- Lease violation (§ 1161(3)): Tenant has materially breached the lease and failed to cure within three days after notice
- Holdover (§ 1161(1)): Tenant continues in possession after the tenancy has lawfully ended
- Nuisance or waste (§ 1161(4)): Tenant maintains a nuisance, commits waste, or uses premises for unlawful purpose
Procedural Characteristics
Unlawful detainer is a summary proceeding, meaning:
- Shortened timelines: defendant has 5 business days to respond (Cal. Code Civ. Proc. § 1167)
- Limited defenses available
- Trial must occur within 20 days of request (§ 1170.5)
- Discovery is restricted
Relationship to Just Cause
In jurisdictions with just cause eviction protections, a landlord must establish a valid just cause ground before filing for unlawful detainer. An unlawful detainer filed without valid just cause is subject to dismissal and may expose the landlord to retaliatory eviction claims.
Judgment and Writ
A judgment for possession is followed by issuance of a Writ of Possession. The sheriff serves the writ and enforces lockout after a mandatory notice period.
Sources
- Cal. Code Civ. Proc. § 1161, California Leginfo —
ca-leginfo - Cornell LII: Unlawful Detainer —
cornell-lii
Frequently asked questions
Statutory Grounds
Cal. Code Civ. Proc. § 1161 specifies four grounds for unlawful detainer: Nonpayment of rent (§ 1161(2)): Tenant has failed to pay rent within three days of a proper pay-or-quit notice Lease violation (§ 1161(3)): Tenant has materially breached the lease and failed to cure within three days after notice Holdover (§ 1161(1)): Tenant continues in possession after the tenancy has lawfully ended Nuisance or waste (§ 1161(4)): Tenant maintains a nuisance, commits waste, or uses premises for unlawful purpose
Procedural Characteristics
Unlawful detainer is a summary proceeding, meaning: Shortened timelines: defendant has 5 business days to respond (Cal. Code Civ. Proc. § 1167) Limited defenses available Trial must occur within 20 days of request (§ 1170.5) Discovery is restricted
Relationship to Just Cause
In jurisdictions with just cause eviction protections, a landlord must establish a valid just cause ground before filing for unlawful detainer. An unlawful detainer filed without valid just cause is subject to dismissal and may expose the landlord to retaliatory eviction claims.
Judgment and Writ
A judgment for possession is followed by issuance of a Writ of Possession. The sheriff serves the writ and enforces lockout after a mandatory notice period.
Sources
Cal. Code Civ. Proc. § 1161, California Leginfo — ca-leginfo Cornell LII: Unlawful Detainer — cornell-lii