Real Estate Litigation
Landlord-Tenant and Commercial Leasing
Eviction proceeds through an expedited statutory process following a notice to quit or cure. Available defenses are typically limited, and counterclaims may be restricted to preserve the summary nature.
Self-help eviction is prohibited in most jurisdictions.
Alternative Names:
Unlawful Detainer Action, Summary Possession
Why it Matters?
Notice defects defeat more evictions than substantive defenses, since statutory notice requirements are strictly construed and a notice with the wrong cure period, an incorrect amount, or improper service requires restarting the process. Self-help remains prohibited even where the lease purports to authorize it, and landlords changing locks or removing property face statutory penalties exceeding the unpaid rent.
Frequently Confused with
Related terms
Frequently asked questions
What defeats most evictions?
Is self-help eviction permitted?
