Many assume that in a lease to own housing transaction it is a simple matter to regain possession if the potential buyer fails to close and/or fails to pay rent. Not so fast. A landlord may bring either an unlawful detainer action or ejectment action to evict a tenant. It is far preferable for the owner to bring an unlawful detainer action. An unlawful detainer action is an expedited form of litigation narrowly tailored to the issue of possession. Counterclaims are only proper if they relate to the issue of the right of possession. However, unlawful detainer actions can only […]
Daily Archives: February 19, 2009
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