What Is an Unlawful Detainer?

"Unlawful detainer" is the legal name for an eviction lawsuit (Code of Civil Procedure §§1161–1179a). Before filing, the landlord must first give the correct written notice — for example, a 3-day notice to pay rent or quit — and let it expire before filing an unlawful detainer action.

For example, if you don't pay the rent or vacate the premises, the landlord files a case in the Superior Court and has you served with a Summons and Complaint for unlawful detainer. It moves on a fast track: once served, you generally have 10 court days to file a written response to the complaint. Only if the landlord proves their case and wins a judgment for possession can the court issue a writ of possession — and only the sheriff can carry out a lockout. Until each of those steps happens, the tenant has the right to stay.

A Few Things Worth Knowing

• A landlord cannot evict by changing the locks, shutting off utilities, or removing belongings — that is an illegal "self-help" eviction.
• The landlord carries the burden of proving each element, and strict compliance is required; a defective notice or improper service can end the case.
• A tenant has the right to respond and be heard; ignoring the papers can lead to a default judgment.