Glossary

Unlawful Detainer

Also known as: Eviction Action, Summary Possession Action

The expedited civil court action a landlord files to legally regain possession of leased premises from a tenant who has failed to vacate after a valid notice to quit, commonly referred to as an eviction action.

Unlawful detainer proceedings are designed to move faster than ordinary civil litigation, typically resolving in weeks rather than months, precisely because possession disputes create ongoing economic harm the longer they remain unresolved. The action is strictly limited to the question of right to possession — courts generally will not adjudicate broader monetary disputes such as unpaid damages or claims for breach of other lease covenants within the unlawful detainer proceeding itself, requiring the landlord to pursue those separately. Self-help eviction (a landlord changing locks, removing a tenant's property, or shutting off utilities without a court order) is illegal in virtually every U.S. jurisdiction for both residential and commercial tenancies in most states, making the unlawful detainer process the required legal pathway to regain possession even when a tenant's default is undisputed.