The Difference Between Eviction and Unlawful Detainer

            Evictions and unlawful detainer are
phrases that are commonly interchanged, but they do have slightly different
meanings. Unlawful detainer cases are often a specific kind of eviction. They
require different circumstances than general evictions do.

Evictions

            Evictions occur when landlords take
the steps to terminate the tenant’s right to legally remain on the rental
property. This can happen because of many different reasons. If the renter
ceases to pay rent, the landlord will have cause to terminate the lease.
Additionally, violating the terms of the rental agreement, such as having pets
or subletting the property, or participating in illegal activities on the
premises can also result in a legal eviction. Most evictions require proof of a
previous tenant/landlord relationship.

Unlawful Detainer

            Unlawful detainers are a type of
eviction. They are specifically used when the tenancy has been terminated and
the tenant should have moved out, but hasn’t. These don’t require proving the
previous existence of a tenant/landlord relationship. This can apply to
circumstances when guests overstay their welcome, among many other things.

            Evictions are an overall term for
legally removing a tenant from a rental property. Unlawful detainers occur when
people don’t have the legal right to be on the property. General evictions,
that aren’t unlawful detainer, require the landlord to prove that the tenant
has violated the terms of the rental agreement and has therefore lost their
legal right to reside on the property.

            Whether you need to go through an
eviction or lawful detainer process, it may be necessary to obtain legal
counsel. To obtain superior legal counsel, contact us at LeBaron & Jensen today!