Definition:
Detainer refers to the act of unlawfully keeping something or someone in custody without permission or legal authority. This can occur when a tenant refuses to vacate a property after their lease has expired or when an individual is confined against their will. Additionally, a detainer can also refer to a legal document that grants a prison official the right to continue holding a prisoner in custody.
Detainer is the act of holding or keeping something in one’s custody, including the confinement of a person in custody or a writ authorizing a prison official to continue holding a prisoner. For example, if a tenant remains in a property after their lease has ended and the landlord has demanded possession, this is unlawful detainer. Another example is when a person is arrested and held in custody, they may be subject to a detainer, allowing the prison officials to continue holding them. Detainer can also refer to a person who detains someone or something, such as a security guard detaining a shoplifter until the police arrive.
A detainer is a legal process by which a landlord can remove a tenant from a rental property for reasons such as non-payment of rent or lease violations.
A landlord can initiate a detainer by serving the tenant with a notice to vacate the property, followed by filing a detainer lawsuit in court.
Grounds for a detainer may include non-payment of rent, lease violations, or expiration of the lease term.
Yes, a tenant can fight a detainer by presenting evidence in court to dispute the landlord’s claims or by negotiating a settlement with the landlord.
The eviction process in a detainer case involves a court hearing where both the landlord and tenant present their arguments, and the judge makes a decision on whether to evict the tenant.
In most cases, a landlord cannot evict a tenant without going through the detainer process and obtaining a court order.
A detainer on a tenant’s record can make it difficult to rent another property in the future and may affect their credit and rental history.
During the COVID-19 pandemic, there may be specific eviction moratoriums or protections in place that prevent landlords from evicting tenants, even in detainer cases.
Yes, a tenant can sue a landlord for wrongful detainer if they believe the eviction was unjust or based on false claims.
The detainer process can vary in length depending on the specific circumstances of the case and the court’s schedule, but it typically takes several weeks to months to resolve.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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