Unlawful detainer eviction: Lawsuit filed in court to evict a former homeowner.
Unlawful detainer eviction: A court proceeding for the purpose of evicting a former homeowner from a property.
Unlawful Detainer Eviction: A Court Order to Remove an Occupant
An unlawful detainer eviction, a lawsuit that must be filed and won by a buyer before they can evict a former homeowner, is usually executed when the former homeowner refuses to leave of their own accord.
In Nevada, for example, “Before you can file a “formal” eviction case, you must first serve the former owner with a Three-Day Notice to Quit Following Foreclosure pursuant to NRS 40.255(1)(b). If the former owner does not move within the three-day notice period (which does not include weekends and holidays), you can serve the former owner with a Summons and Complaint for Unlawful Detainer. Your complaint can ask the court for an order evicting the former owner and giving you possession of the property. It can also ask for a money judgment against the former owner,” according to Civil Law Self-Help Center.
The former homeowner is always free to file an answer with the court in response to a new owner’s complaint. The former homeowner normally has twenty days to file an answer, though the new owner may ask the court for an order shortening that time to ten days.
In Nevada, if the former homeowner considers the foreclosure sale violated Nevada law, they may file legal action to avoid eviction. If the court decides that the former homeowner’s claim is without merit, they may order the former homeowner to pay the court costs, as well as the attorneys’ fees for the new owner.
“When you serve the former owner with a Summons and Complaint for Unlawful Detainer, you can also serve an Order to Show Cause Why a Temporary Writ of Restitution Should Not Be Issued. That order sets a “show cause” hearing. At the hearing, the judge will decide whether to issue a “temporary writ of restitution.” A “temporary writ of restitution” is a court order that gives you possession of the property at the beginning of the case, pending a final order at the end of the case,” the Nevada Civil Law Self-Help Center says.
“A “show cause” hearing for a temporary writ of restitution typically cannot take place until at least eleven calendar days after the former owner is served with the summons and complaint. The show cause hearing is not the trial. A trial, where the court will decide whether to give you permanent possession of the property, can take place no earlier than twenty calendar days after the former owner is served. If a show cause hearing is scheduled, you cannot get a default judgment until after the hearing, even if the former owner’s time to answer has passed,” the Center adds.
Unlawful detainer eviction guidelines vary from state to state, therefore, both former and new homeowners are advised to consult with a legal expert in order to assess their options in order to avoid additional costs.
In California, for example, “Because unlawful detainer law involves the forfeiture of someone’s right to possession, court’s strictly construe the statutory procedures that regulate it and require strict compliance with those procedures. Before an action for unlawful detainer may be filed, the owner of the property is required to serve a Notice to Quit upon the occupants of the property. Depending upon the jurisdiction, the notices served upon the occupants of the property must include specific inormation, provide a specific number of days to vacate the property and must be served in a manner proscribed by law. If the contents and/or service of the notice have errors, then the court may dismiss the subsequently filed unlawful detainer action and rule in favor of the occupant,” according to California attorneys Dean Prober and Homan Mobasser.