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Unlawful Detainer
Unlawful detainer is a legal action a landlord files to remove a tenant who stays on the property after their legal right to be there has ended.
What it actually is
It is a court proceeding in which the landlord claims the tenant has no legal right to remain in possession, often because the lease expired or the tenant violated a term, and the court can order the tenant to leave. The case typically starts with a notice to quit or vacate, followed by the filing of a complaint, and the tenant has a limited time to respond or contest the claim.
Why it matters in your case
If you are served with an unlawful detainer case, you could lose your right to stay in the property and be ordered to move out, and a judgment against you may affect your rental history. Acting quickly and understanding the court’s deadlines are critical to preserve your right to defend yourself or negotiate a resolution.
The common misunderstanding
Many people think unlawful detainer is the same as a simple eviction notice, but it is actually the lawsuit itself—the formal court process that starts after the notice period expires. Also, some confuse it with a criminal charge, but it is a civil matter about possession of property, not about criminal wrongdoing.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.