Unlawful Detainer

An unlawful detainer action is the legal process by which a landlord seeks to evict a tenant from a rental property. This process is often contentious and can be immensely stressful for both landlords seeking to regain possession of their property and tenants fighting to retain their housing. Whether you are a landlord in need of efficient and lawful eviction or a tenant unjustly facing displacement, the Law Office of Lawrence Keitt provides skilled and assertive legal representation. We understand the stringent legal requirements governing these proceedings and are committed to protecting our clients’ rights and interests throughout the entire unlawful detainer process.

For landlords, an unlawful detainer action is a critical tool for regaining control of their property when a tenant violates the terms of their lease agreement or refuses to vacate after proper notice. Common reasons for initiating an eviction include non-payment of rent, consistent lease violations (such as unauthorized occupants, property damage, or nuisance behavior), or a tenant “holding over” after their lease has expired and they have been given notice to quit. Landlords often rely on rental income to cover mortgage payments and other expenses, making an efficient and successful eviction vital for their financial stability. However, even with legitimate grounds, landlords must meticulously adhere to state and local landlord-tenant laws, which are often complex and strictly enforced. Any procedural error can lead to significant delays, financial penalties, or even the dismissal of the eviction case, forcing the landlord to restart the process.

For tenants, receiving an unlawful detainer notice can be terrifying. It is crucial to understand that tenants have specific legal rights and defenses that can be asserted to challenge an eviction. These defenses might include improper notice by the landlord, habitability issues (the landlord failed to maintain safe living conditions), retaliatory eviction (the eviction is a response to the tenant exercising their legal rights), discrimination, or disputes over rent payment. Many tenants are unaware of these rights or feel intimidated by the legal system, making it easy for landlords to proceed without proper challenge. The Law Office of Lawrence Keitt empowers tenants by providing knowledgeable counsel, helping them understand their options, and vigorously defending against unjust or illegal eviction attempts.

The unlawful detainer process typically follows a strict timeline. It begins with the landlord serving a formal written notice to the tenant (e.g., a “3-Day Notice to Pay Rent or Quit,” a “3-Day Notice to Perform Covenants or Quit,” or a “30/60-Day Notice to Quit”). If the tenant does not comply with the notice, the landlord then files an unlawful detainer complaint with the court and serves the tenant with the lawsuit papers (summons and complaint). The tenant then has a very limited time (often just five days) to file a written response, called an Answer. Failure to file an Answer within this timeframe can result in a default judgment against the tenant, leading to immediate eviction. If an Answer is filed, the case proceeds to trial, which is typically expedited by the court. If the landlord prevails at trial, they obtain a judgment for possession and can secure a “Writ of Possession,” authorizing the sheriff to physically remove the tenant.

Given the strict timelines and intricate legal requirements, both landlords and tenants benefit immensely from experienced legal representation. For landlords, Lawrence Keitt ensures that all notices are properly drafted and served, the complaint is accurately filed, and a strong case is presented in court to minimize delays and secure possession of the property. For tenants, he meticulously reviews the landlord’s claims, identifies any procedural defects, and builds a robust defense based on applicable landlord-tenant laws, protecting their right to remain in their home or at least negotiate a favorable departure. He is adept at negotiating settlements, such as “cash for keys” agreements, which can benefit both parties by avoiding a lengthy and costly trial.

The consequences of an unlawful detainer judgment can be severe. For tenants, an eviction on their record can make it extremely difficult to find future housing, as many landlords screen for prior evictions. For landlords, a prolonged or improperly handled eviction can lead to significant financial losses from lost rent, legal fees, and potential property damage. The Law Office of Lawrence Keitt is committed to navigating these high-stakes situations with diligence and expertise, providing clear communication and strategic advice every step of the way. Lawrence Keitt is a steadfast advocate, whether you’re fighting to protect your property investment or secure your right to housing.

If you are a landlord or a tenant facing an unlawful detainer action, do not attempt to navigate this complex legal process alone. The stakes are too high. Contact the Law Office of Lawrence Keitt today for a free, confidential consultation. Let us provide the expert legal guidance and powerful representation you need to achieve a favorable resolution and protect your future.