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1. What is the difference between an Eviction and Unlawful Detainer?

With an Eviction there is some sort of lease agreement either is writing or verbal and have failed to pay rent or have not complied with lease agreement

With an Unlawful Detainer there is no lease agreement and the person overstayed their welcome and they will not go voluntarily- this is not an eviction

2. When can this form be used?

You are trying to remove someone from your home

You have a legal right to reside in your home (You are the owner or the legal tenant)

The person you are trying to remove does not have a legal right to reside in your home (they are not an owner or a legal tenant)

There is no agreement for rent (verbal or in writing) between you and the person you are trying to remove.

3. How many copies of the packet will I need?

You will need the originals of all forms to open the case and a copy per Defendant for service.

4. Can I mail a copy to the other party?

The clerk’s office can do a certified mailing in an addition to the service of documents as long as you provide envelope(s) with stamps and a copy off all documents per defendant.

5. How long does the other party have to respond before I can file the other paperwork?

The defendant has 5 working days to turn in a response.