Home > West's Encyclopedia of American Law > Unlawful Detainer

The act of retaining possession of property without legal right.

The term unlawful detainer ordinarily refers to the conduct of a tenant who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease. Typically, the landlord wishes to evict the tenant for not paying the rent or for endangering the safety of the other tenants or the landlord's property.

Under COMMON LAW a landlord was personally permitted to enter and remove a tenant by force for nonpayment or violation of the lease. U.S. state laws, however, require a landlord to file what is called an unlawful detainer action in a court of law. To satisfy the DUE PROCESS rights guaranteed to the tenant by the FIFTH AMENDMENT to the U.S. Constitution, the...