NMS Properties – Key Things to Understand About Unlawful Detainer Action
LOS ANGELES, CA / ACCESSWIRE / May 11, 2018 / Landlords and tenants who disagree with one another often end up in court if they can’t find a solution otherwise. This section covers who has the legal right to occupy the landlord’s property after any landlord and tenant experience a disagreement about the tenant’s right to continue occupying the landlord’s property.
Cases related to eviction are known as “Unlawful Detainer” cases, most of which are complex. It’s important to consult with an attorney to ensure your rights are protected. There is a list below of resources to obtain help. Any defendant in an unlawful Detainer case should familiarize themselves with the “I have been sued (Tenant)” section of this webpage.
THE EVICTION PROCESS:
An Unlawful Detainer action is a special court proceeding offering a legal way to evict a tenant from a workplace or place of residence. This occurs when a tenant remains after the lease has expired or been canceled, or the tenant has failed to keep rent payments current.
MUST THE TENANT VACATE:
An Unlawful Detainer decides if the landlord can reassume possession of their property and cause the tenant to move out. The landlord is considered the plaintiff and the tenant, the defendant.
THE SHERIFF’S ROLE:
A victory for the landlord means they get a “judgment” that legally requires the tenant to move out. Only the Sheriff can enforce this judgment, employing physical force if necessary, to make the tenant leave the premises.
LANDLORDS POWERLESS WITHOUT LEGAL PROCESS:
A landlord cannot legally evict a tenant personally without going through the proper legal steps. Only the Sheriff has the authority to perform an eviction, which is why a landlord needs to obtain an Unlawful Detainer.
WHAT THE LANDLORD CANNOT LEGALLY DO IF TENANTS ARE BEHIND ON THE RENT:
Force the tenant to vacate
Remove or get rid of any of the tenant’s possessions
Change the locks on the tenant
Stop water, electricity or utility service
Remove outside doors or windows on the property
WHAT THE LANDLORD MUST DO LEGALLY TO EVICT THE TENANT:
Obtain the appropriate written notice that applies to your specific case circumstance and have that notice served on the tenant
Observe the proper time period stated in the notice
Legally file an Unlawful Detainer action if the tenant fails to respond to the notice that has been served
EXPEDITING THE PROCEEDING:
An Unlawful Detainer case moves quickly. The defendant, or tenant, normally has only 5 days to file a response. A trial can be scheduled 20 days later. Usually, the defendant cannot counter-sue by filing file a cross complaint.
NMS has offered quality rentals in the Los Angeles area for nearly three decades. Since 1988, NMS has developed and managed a large portfolio of premier apartment buildings and commercial properties in Santa Monica, West Los Angeles, Brentwood and the San Fernando Valley
Contact Information:
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SOURCE: NMS Properties
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