Prima Facie Elements for bringing unlawful detainer?

Asked over 2 years ago - El Monte, CA

What are the prima facie elements for a landlord to bring an unlawful detainer acition? Something like, that Plaintiff has authority to bring the suit, that Defendant was served with a Notice to Vacate, that Defendant still resides at the property, etc - right?? Citations would be helpful. Thanks.

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Lawyers agree

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    Answered . If you are the plaintiff, unless this is a post foreclosure eviction, you should be using the Judicial Council form complaint for unlawful detainer.

    The elements of unlawful detainer when a defendant has defaulted in the payment of rent are: 1) that the defendant was served with a three-day written notice to pay rent or quit, 2) the amount of rent due, 3) the non-payment within such period, and 4) the continued possession of the premises without permission. (California Code of Civil Procedure §§ 1161(2), 1166. )

    In California, the manner of attacking a complaint that fails to state facts sufficient to constitute a cause of action for unlawful detainer is by motion to quash and not by general demurrer. (Delta Imports Inc. v. Municipal Court (1983) 146 Cal. App. 3d 1033, 1035-36.)

    Even though California Code of Civil Procedure § 1170 indicates that a defendant in an unlawful detainer action may "answer or demur," the courts have held that the "only" acceptable procedure to test whether a complaint states a cause of action supporting a five day summons is a motion to quash. (Id. at 1036; Greener v. Workers' Compensation Appeals Bd. (1993) 6 Cal.4th 1028, 1036.)

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It depends on what type of UD you are bringing. You should look at the CACI jury instructions for the elements of your case. Hire a lawyer to assist you. Good luck.

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Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Eviction from rental property

Before a landlord can start eviction proceedings, he or she must follow specific rules (that vary by state) for giving a termination notice to the tenant.

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