How do you differentiate between an Eviction, Unlawful Detainer, and Ejectment?

There are three types of Removal Actions:

EVICTION    

A Landlord files it to remove a Tenant.  There are two types:  Unpaid Rent and Non-Monetary

A. Unpaid Rent. The Tenant receives a 3 day notice. They can pay or vacate.  If they do not pay, an Eviction will be filed.  If they do not respond, a Final Judgment is entered.  As a result, a Writ of Possession will be issued.  Thereafter, they are removed by the Sherriff.

B. Non-Monetary. A Landlord must serve the Tenant a 7 Day Notice to Cure.  As a result, they have 7 days to remove the violation. If they comply, an Eviction will not be filed. If they do not, an Eviction can be filed.  For example, if a Tenant causes destruction to the property, they can be evicted.

An Eviction takes 4 to 6 weeks.  If the Tenant does not respond, it can take less time. 

UNLAWFUL DETAINER     

This is filed to remove an Occupant. There is no Landlord/Tenant Relationship.  Unlike an Eviction, notice is not required.   If the Occupant cannot show that they pay rent and have a lease, they will be removed. This is the quickest method to remove someone.  This takes four to five weeks. 

EJECTMENT 

This is an action by the Title Holder.  The goal is to remove a person from the Home that will claim an interest in the property.  Unlike an Eviction or an Unlawful Detainer, they have 20 days to respond.  The Title Holder is suing to obtain full possession of the property.  As a result, the Court will rule in favor of the party that can show that they are the only owner.  This can take longer than 3 months however, if handled properly, it can completed before then. 

To learn about the difference between an Eviction Unlawful Detainer and Ejectment, contact our office at (954) 990-7552.