Legal

Unlawful Detainer

A summary legal proceeding a landlord initiates to recover possession of premises from a tenant who remains in occupancy without right — typically after a lease termination, expiration, or notice to quit following a default.

Extended Definition

Unlawful detainer (UD) is the legal mechanism most landlords use to evict commercial tenants. Unlike residential evictions, commercial UD proceedings move relatively quickly — often resolved within 30–60 days in many jurisdictions, though contested cases take longer. The landlord must first serve proper notice (pay rent or quit, perform or quit, or unconditional quit) and wait out the cure period before filing. A judgment in an unlawful detainer action entitles the landlord to regain possession, and often includes unpaid rent, damages, and attorneys' fees. Tenants facing UD proceedings should seek legal counsel immediately, as procedural defects can be a defense.

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