Unlawful Detainer
1Elements and Case Citations
A tenant of real property is guilty of unlawful detainer where the tenant, among other circumstances, is in default for nonpayment of rent. The basic elements of unlawful detainer for nonpayment of rent are:
- the tenant is in possession of the premises;
- that possession is without permission;
- the tenant is in default for nonpayment of rent;
- the tenant has been properly served with a written three-day notice; and
- the default continues after the three-day notice period has elapsed.
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- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
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