Eviction and Unlawful Detainer

Is your landlord trying to evict you.  Have your received a three day notice to pay or quit?  Has your landlord filed an unlawful detainer action against you?  If so, you must deal with the situation.  If you are not careful, an eviction may prevent you from being able to rent a suitable place to live in the future.  The experienced, friendly attorneys at the Law Offices of Harold D. Thompson can help you defend against aunlawful detainer action and help ensure that your current landlord doesn't adversely effect you ability to rent the home or apartment that you want in the future. 

Many people don't even know what unlawful detainer means.  An unlawful detainer occurs when a tenancy terminates but the tenant remains in possession of the premises or real property without the permission of the landlord. An unlawful detainer action is a summary proceeding to evict the tenant and recover possession of the real property. It is statutory in origin, and entitled to precedence over most civil actions on the court calendar.

Thankfully, California has enacted certain statutes outlining certain procedures for a lawful eviction. In the past, landlords were allowed the self-help remedy to evict tenants. This is no longer the case because of violence between the landlords and tenants.

Even if the tenant have been unlawfully detaining, the tenant is not a trespassers. The tenant is entitled to peaceful possession for the duration of the requisite legal process.

The tenant's possesssory right to the property supersedes even a valid harassment restraining order. A restraining order cannot effect a lawful eviction.

If you believe your rights have been violated by your landlord or you are facing an eviction proceeding, our experienced San Diego County attorneys will evaluate your case and provide you the legal advice you need. Contact our office today.