Normally, a judge will hear and decide the unlawful detainer case within 20 days after the tenant files an answer. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord’s complaint. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. Unlawful Detainer Lawsuit is a “Summary” Court Procedure In a Californa Unlawful Detainer lawsuit, the landlord is called the “plaintiff” and the tenant is called the “defendant.” In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in the California Superior Court. If the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. The Unlawful Detainer Statues in California where enacted in the year 1872, some 146 years ago and were enacted to avoid bloodshed, violence, and breaches of the peace, too likely to result from wrongful entries into the possession of others. The way the Statute is written in California, it basically says that when he or she continues in possession after the expiration or their lease or notice to quit, then they are guilty of Unlawful Detainer and are therefore Unlawfully Detaining the property. After all, why didn’t they just call it an Eviction, that’s what it is, Right? So, what is an Unlawful Detainer and how did they come up with that crazy name for an eviction.
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