Updated: Apr 30
In today's blog we will be explaining what the Unlawful Detainer is and how to use it.
Unlawful detainer is an eviction or eviction process, which is used when the person seeking to evict the property does not have a lease or lease agreement. The unlawful detainer is used when the lease or rental contract has ended, and the tenant refuses to leave the property, or is more used to evict family or friends who are inside the property, and with whom it does not exist. any contract.
The main difference between the unlawful detainer and eviction, is that, in the first, the person who is inside the property does not have any right to remain in it, while, in eviction processes, there is a certain right, as a result of the contract between the parties. In cases of unlawful detainer, there is no contract between the parties, or it has already expired.
The process is similar to the eviction process, however, in this it is not necessary to give advance notice to the person against who you are going to initiate the process, or to publish the notification. It will only be necessary to file the claim in the corresponding court with jurisdiction to hear the case and follow the corresponding steps.
Once the lawsuit is filed, the person will have to answer it. If you do not answer it, then the trial will continue in absentia, to the detriment of the defendant.
Generally, there is no good defense for this process that the defendant can allege, unless there is some extraordinary situation, as is the case of physically or mentally disabled relatives.
Once the process begins, if there is a response from the defendant, then the court may schedule a hearing. If the plaintiff prevails at the hearing, the court will issue an order, and the property owner will be able to transfer it to the Sheriff, who is the one who will eventually evict the tenant.
Although this process is similar to that of eviction, it has some differences. From start to finish it may take 4-6 weeks for a solution to be reached.
If you need help with these types of cases, give us a call today. The first consultation is free. In Y. Morejon Attorney, P.A. your problem is our problem.
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