Ejectment vs. Eviction vs. Unlawful Detainer

Have an unwanted roommate, tenant, or squatter? Depending on the facts of your case, will depend on the appropriate cause of action to regain possession of the property. Not every removal of an individual is the same.

An ejectment is a legal action brought by a property owner to regain possession of real property (land and any structures on it) from a person occupying the property without the owner's permission. Ejectment is typically used when the occupant is a tenant who has stayed on the property after the lease or rental agreement has ended, when the occupant is a squatter who has taken possession of the property without the owner's permission, or a person who has had permission to occupy the property revoked.

In an ejectment action, the property owner must prove that they are the rightful owner of the property, and that the occupant is on the property without the owner's permission. If the court finds in favor of the property owner, it will issue an order directing the occupant to vacate the property. If the occupant does not comply with the order, the property owner may ask the court to enforce the order and have the occupant removed from the property.

Ejectment is a legal process that can be complex and time-consuming. It is advisable for property owners to seek the assistance of an attorney when pursuing an ejectment action.

Ejectment = no lease

Eviction = lease agreement

Unlawful detainer = no permission

An eviction is a legal action by which a landlord removes a tenant from a rental property. In most cases, a landlord can only evict a tenant for specific legal reasons, such as failure to pay rent or a violation of the terms of the lease or rental agreement.

The eviction process begins when the landlord serves the tenant with a notice to vacate, specifying the reason(s) for the eviction and the date by which the tenant must vacate the property. If the tenant does not comply with the notice, the landlord may file an eviction lawsuit with the court.

If the court finds in favor of the landlord, it will issue an eviction order ("writ of possession"), directing the tenant to vacate the property. If the tenant does not comply with the eviction order, the landlord may ask the court to enforce the order and have the tenant removed from the property by authority of the local police or sheriff.

Evictions can be complex and time-consuming. It is advisable for landlords to seek the assistance of an attorney when pursuing an eviction. It is also important for tenants to understand their rights and to seek legal advice if facing eviction.

An unlawful detainer is a legal action brought by a landlord to regain possession of a rental property from a tenant who is occupying the property without the landlord's permission. This can occur when the tenant has stayed on the property after the lease or rental agreement has ended, or when the tenant has taken possession of the property without the landlord's permission or knowledge (ex. squatter).

In an unlawful detainer action, the landlord must prove that the tenant is occupying the property without the landlord's permission and that the landlord has the right to evict the tenant. If the court finds in favor of the landlord, it will issue an eviction order ("writ of possession"), directing the tenant to vacate the property. If the tenant does not comply with the eviction order, the landlord may ask the court to enforce the order and have the tenant removed from the property by authority of the local police or sheriff.

Unlawful detainer can be a complex and time-consuming legal process. It is advisable for landlords to seek the assistance of an attorney when pursuing an unlawful detainer action. It is also important for tenants to understand their rights and to seek legal advice if facing eviction.

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CONTACT a real estate attorney to determine the propre type of tenant removal action needed. Our Twig Department can help. Call us at (888)ASK-TWIG for more information.

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