Unlawful detainer cases are often used if one of the following occurs: The tenant does not leave after the lease ends Rent is not paid The lease is canceled by the landlord. Notice for Code of Civil Procedure Section 1179.04(a) - A landlord must use this notice if their tenant has failed to pay rent between Maand August 31, 2020, even if the landlord is not intending (at least at this time) to file an unlawful detainer action.
It requires a special court process and can move quickly through the court system. If any forcible or unlawful entry be made upon any land, building, structure, or any part thereof, or if, when the entry is lawful or peaceable, the tenant shall detain the possession of any land, building, structure, or any part thereof after his right has expired, without the consent of him who is entitled to the possession, the party so turned out of possession, no matter what right or title he had thereto, or the party against whom such possession is unlawfully detained, may, within three years after such forcible or unlawful entry, or such unlawful detainer, sue out of the clerk's office of the circuit court, or of any court of record empowered to try common-law actions, of the county in which the land, building, structure, or some part thereof may be, a summons against the defendant to answer the complaint of the plaintiff that the defendant is in the possession of, and unlawfully withholds from the plaintiff, the premises in question (describing the same with convenient certainty), to the damage of the plaintiff in such sum as the plaintiff shall state and no other declaration shall be required. An unlawful detainer is a legal way for a landlord to evict a tenant.
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