Unlawful Detainer

Once your home has been foreclosed on, you may receive a notice demanding that you vacate the property within a specified period of time. If you refuse to leave, the new owner of the property will have to attempt to evict you by filing an unlawful detainer action.

unlawful-detainer

Overview of the Post-Foreclosure Eviction Process

The post-foreclosure eviction process begins when the new owner sends a Notice to Quit to the resident, giving that individual a certain number of days to vacate. The timeline depends on whether the resident is the former homeowner or a tenant, and if a tenant has a lease.

If the deadline passes and the resident remains in the home, the new owner will need to file an unlawful detainer lawsuit. If the suit is successful, the resident will need to vacate the property immediately or the sheriff will physically remove him or her from the premises.

How To Respond To An Unlawful Detainer Notice

If you have received an unlawful detainer lawsuit, you will need to hire a real estate attorney who is experienced in unlawful detainer matters immediate. If you ignore the complaint , the new owner may request a default judgment in their favor, as well as a monetary judgment against you. There are strict timelines involved with your response. As such, we recommend acting quickly and retaining a lawyer as soon as possible.

How to fight your post-foreclosure eviction

Fighting an unlawful detainer may involve uncovering title issues, lender fraud and legal violations that may have occurred throughout the foreclosure and eviction process. Our Los Angeles based attorneys will carefully review the facts of your case and do everything within their power to defend against the eviction and ensure that your rights to the property are protected.`

When Eviction occurs

In California, a landlord may evict a tenant if the tenant:

  • Fails to pay the rent on time
  • Breaks the lease or rental agreement
  • Damages property which brings down the value
  • Becomes a serious nuisance by disturbing other tenants and neighbors
  • Uses the property for illegal activity

In many cities, landlords can also evict the tenant:

  • If the tenant stays after the lease is up
  • If the landlord cancels the rental agreement by giving proper notice

TENANT EVICTION PROCESS:

1

Receive notice from landlord

2

Served with complaint

3

Decide to respond

4

File response

5

Trial

6

After judgment

Contact our office today

With over a decade of experience in real estate litigation, the attorneys at RA & Associates have successfully resolved countless cases for our clients. For help with your legal issue, contact our Los Angeles office today for a preliminary analysis of your case.

LANDLORD EVICTION PROCESS:

1

Give Tenant Notice

2

Fill out necessary forms

3

File in Court

4

Serve tenant

5

Tenant responds

6

Trial

7

After judgment

With over a decade of experience in real estate, property damage, and personal injury litigation, the attorneys at RA & Associates have successfully resolved countless cases for our clients. For help with your legal issue, contact our Los Angeles office today for a preliminary analysis of your case.