Evictions and unlawful detainer are phrases that are commonly interchanged, but they do have slightly different meanings. Unlawful detainer cases are often a specific kind of eviction. They require different circumstances than general evictions do.
Evictions occur when landlords take the steps to terminate the tenant’s right to legally remain on the rental property. This can happen because of many different reasons. If the renter ceases to pay rent, the landlord will have cause to terminate the lease. Additionally, violating the terms of the rental agreement, such as having pets or subletting the property, or participating in illegal activities on the premises can also result in a legal eviction. Most evictions require proof of a previous tenant/landlord relationship.
Unlawful detainers are a type of eviction. They are specifically used when the tenancy has been terminated and the tenant should have moved out, but hasn’t. These don’t require proving the previous existence of a tenant/landlord relationship. This can apply to circumstances when guests overstay their welcome, among many other things.
Evictions are an overall term for legally removing a tenant from a rental property. Unlawful detainers occur when people don’t have the legal right to be on the property. General evictions, that aren’t unlawful detainer, require the landlord to prove that the tenant has violated the terms of the rental agreement and has therefore lost their legal right to reside on the property.
Whether you need to go through an eviction or lawful detainer process, it may be necessary to obtain legal counsel. To obtain superior legal counsel, contact us at LeBaron & Jensen today!