What can happen in an “unlawful detainer (eviction) action”?

UPDATED: Jul 17, 2023Fact Checked

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UPDATED: Jul 17, 2023

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UPDATED: Jul 17, 2023Fact Checked

When a landlord wants to have a tenant removed from rental property, either due to the tenant’s default or because a tenant refuses to leave at the expiration of the lease term, the landlord must get the assistance of a court of law. (“Self-help” eviction, as explained above, is abhorred and could result in the landlord having to pay damages to the tenant, and possibly be convicted of a crime).

The first step is for the landlord to file pleadings (legal papers) with the court and pay the required filing fee. Then the tenant must be served with the pleadings (although most jurisdiction allow “nail and mail” service in the event that a tenant avoids being served). Once service has been made on the tenant, the lawsuit can proceed (the tenant has a constitutionally protected due process right of notice and opportunity to be heard). An unlawful detainer action is typically a “summary proceeding” which can move rapidly through a court system.

In the event that the tenant loses the lawsuit (the tenant will lose if s/he fails to show up at the scheduled court hearing), the landlord may be given a monetary judgment (such as for damages to the premises, the amount of money owed for rent, plus attorney fees and costs) plus a writ of possession. A writ of possession may then be executed by the local marshal or sheriff so that the tenant is removed from the rental property and then the landlord is once again given possession. In some jurisdictions, it is possible that the landlord is given possession of the rental property but the tenant continues to be responsible for the payment of rent to the end of the lease term (although the landlord would have an obligation to make a good faith effort to re-rent the rental property so as to mitigate the damages sustained due to the tenant’s default).

In an unlawful detainer action, a tenant has certain defenses, such as “constructive eviction” , default by the landlord of the implied warranty of habitability, or a “retaliatory eviction”, which occurs when the landlord takes an action against a tenant for trying to exercise rights as a tenant (such as informing government agencies of code violations or complaining to the landlord regarding repairs that must be made to maintain the rental property in habitable condition).

Case Studies: Unlawful Detainer (Eviction) Actions

Case Study 1: The Tenant’s Default

A landlord named John filed an unlawful detainer action against his tenant, Sarah. Sarah had failed to pay rent for several months, and despite multiple reminders and warnings, she refused to comply with her obligations. John sought the assistance of the court to have Sarah evicted from the rental property. The court granted John a monetary judgment for the unpaid rent, damages to the premises, and attorney fees, along with a writ of possession. With the help of the local marshal, John successfully removed Sarah from the property and regained possession.

Case Study 2: Retaliatory Eviction

A tenant named Lisa faced a retaliatory eviction from her landlord, Mark. Lisa had been reporting various code violations and demanding necessary repairs to maintain the rental property in a habitable condition. Frustrated by Lisa’s actions, Mark filed an unlawful detainer action to have her evicted.

However, Lisa raised the defense of retaliatory eviction, asserting that Mark was taking action against her in response to her exercise of tenant rights. The court carefully considered Lisa’s claims and dismissed the eviction action, ruling in her favor and emphasizing the importance of protecting tenants from retaliation.

Case Study 3: Implied Warranty of Habitability

A tenant named Michael experienced severe issues with the rental property’s habitability, such as mold growth, plumbing problems, and electrical hazards. Despite repeated requests for repairs, the landlord, Susan, neglected to address the issues. Frustrated by the unlivable conditions, Michael withheld rent and sought legal assistance.

Susan responded by filing an unlawful detainer action against Michael. During the court proceedings, Michael presented evidence of the landlord’s default on the implied warranty of habitability. The court ruled in Michael’s favor, dismissing the eviction action and ordering Susan to make the necessary repairs immediately.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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