• You have received a Three Day Notice to Quit or Vacate
• You have received summons of an Unlawful Detainer action

Landlords and tenants can have disagreements. If they can’t work it out, they may end up in court. This section doesn’t talk about everything a landlord and tenant may disagree about. We mostly talk about who has the right to live at the property.

These cases are called “unlawful detainer” cases. Unlawful detainer cases are complicated. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. Look at the list of other places to get help below.

Evict someone from their home or workplace:

An Unlawful Detainer action is a special court proceeding. It’s a legal way to evict someone from the place where they live or work. This usually happens when a tenant stays after the lease is up, the lease is canceled, or the landlord thinks the tenant hasn’t paid their rent.

Disagreement has to be about the tenant moving out:

An Unlawful Detainer decides if the landlord can take the property back from the tenant. The landlord is the plaintiff. The tenant is the defendant. If the defendant moves out before trial, the case is dismissed or, can be changed to a regular civil action.

Only the Sheriff can physically evict someone:

If the landlord wins, they’ll get a “judgment for possession”. The tenant has to move out. The sheriff can enforce this judgment. This means the sheriff can physically make the tenant leave.

Evict the old owner after the property is sold:

An Unlawful Detainer is also for when the person who buys property at:

• An execution sale
• Sale by foreclosure
• Sale under a power of sale in a mortgage or deed of trust

What CAN’T an Unlawful Detainer do?

• No security deposits: An Unlawful Detainer can’t solve fights about damages or security deposits.
• No cross complaints: You can’t file a cross complaint in Unlawful Detainer actions. The defendant has to file a separate action if they want to get money back from the plaintiff.
• No future rental losses: The court can’t give you damages for rent you lost after the judgment. For example: There’s a judgment against the defendant. It takes the sheriff a week to evict the defendant. The plaintiff has to file a separate action to get back the rent lost in that week.

A Deed of Trust, sometimes known as a Trust Deed, is a special document generally used to transfer a property title from a borrower to a third party or trustee (usually a trust or title company) that holds the title as security, or collateral, for a loan.

A Deed of Trust is similar to a mortgage in that the borrower has control of the property during the life of the loan as long as he or she is meeting the terms of the deed. Once the loan has been paid, the trustee will transfer the title back to the borrower.

As with a real estate deed, the signed and notarized Deed of Trust must be recorded in the proper land records office.

From deeds to other personal or business contractual agreements, Progressives Group will help you create and file the right document for your needs. Visit us online or check out our store directory to find an office near you.