Unlawful Detainer & Eviction

Unlawful Detainer

Generally, a tenant of real property for a term less than life is guilty of unlawful detainer when:

  1. He or she holds over or continues in possession, in person or by subtenant, of the property or any part thereof after the expiration of the term for which it is let to him or her;
  2. He or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after the end of any such month or period, when the landlord has properly served notice requiring him or her to quit the premises at the expiration of such month or period;
  3. He or she continues in possession in person or by subtenant after a default in the payment of rent, and after three days notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises;
  4. He or she continues in possession in person or by subtenant after a neglect or failure to keep or perform any other condition or covenant of the lease or agreement under which the property is held, and after proper notice in writing requiring in the alternative the performance of such condition or covenant or the surrender of the property;
  5. He or she commits or permits waste upon the demised premises, or when he or she sets up or carries on thereon any unlawful business, or when he or she erects, suffers, permits, or maintains on or about the premises any nuisance, and remains in possession after proper service of notice to quit;
  6. A person who, without the permission of the owner and without having color of title thereto, enters upon land of another and who fails or refuses to remove therefrom after proper notice;
  7. He or she commits or permits any gang-related activity at the premises.

Writ of Restitution

A written order of the Court that directs the Sheriff to restore to the Plaintiff the property at issue.

Unlawful Detainer & Eviction

Unlawful Detainer & Eviction

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