Legal Glossary
Understanding legal terminology in plain English
A
Answer
The tenant's written response to the eviction lawsuit, typically due within five court days.
Example: The tenant filed an answer denying the allegations and requesting a trial to contest the eviction.
At-Fault Just Cause
A category of eviction based on tenant misconduct, such as non-payment of rent or lease violations.
Example: Non-payment of rent is an at-fault just cause that allows the landlord to evict without providing relocation assistance.
Attorney's Fees Clause
A provision in the lease agreement allowing the winning party to recover their legal fees from the losing party.
Example: The lease contained an attorney's fees clause, so the prevailing party could recover the cost of their lawyer.
C
Cash for Keys
A payment made by the landlord to the tenant in exchange for voluntarily moving out quickly.
Example: Rather than wait for a trial, the landlord offered $3,000 cash for keys, and the tenant agreed to leave within two weeks.
Civil Code Section 1542 Waiver
A legal waiver where parties give up the right to make claims based on unknown damages or issues.
Example: The settlement agreement included a Civil Code Section 1542 waiver, meaning the tenant couldn't later sue for issues they weren't aware of at signing.
Conditional Dismissal
Dismissal of the eviction case that only becomes final after the tenant meets certain conditions.
Example: The court granted a conditional dismissal, which would become permanent if the tenant paid all back rent within 30 days.
Constructive Eviction
When uninhabitable conditions force a tenant to move out, treating it as if they were evicted by the landlord.
Example: The severe mold problem made the apartment unlivable, constituting a constructive eviction that allowed the tenant to break the lease.
Costs of Suit
Court-related expenses such as filing fees, service costs, and other litigation expenses.
Example: In addition to rent arrears, the judgment included $435 in costs of suit for filing fees and service of process.
D
Default
Occurs when the tenant fails to respond to the eviction lawsuit within the required timeframe.
Example: Because the tenant never filed an answer, the landlord was able to request a default judgment.
Default Judgment
A court judgment entered in favor of the landlord because the tenant failed to respond to the lawsuit.
Example: The judge granted a default judgment for possession after the tenant failed to answer within five days.
Defendant
The party being sued in an unlawful detainer case, usually the tenant.
Example: The tenant who received the eviction notice becomes the defendant when the landlord files the lawsuit.
H
Habitability
The legal requirement that rental units meet basic health and safety standards for human occupancy.
Example: A unit without working heat in winter violates habitability standards and the landlord must make repairs.
J
Judgment for Possession
A court order that returns legal possession of the rental property to the landlord.
Example: After winning the eviction trial, the landlord received a judgment for possession allowing them to regain control of the property.
Just Cause Eviction
An eviction that requires a legally valid reason, as mandated by state or local tenant protection laws.
Example: Under California's statewide rent control law, landlords must have just cause to evict tenants who have lived in the property for over 12 months.
M
Masking
Limiting public access to eviction records to protect tenant privacy and reduce barriers to future housing.
Example: California law requires masking of eviction records in certain cases where tenants successfully defended against the eviction.
Mutual Release
An agreement where both landlord and tenant waive any future claims against each other.
Example: The settlement included a mutual release, preventing either party from suing the other over issues related to the tenancy.
N
No-Fault Just Cause
A category of eviction not based on tenant wrongdoing, such as owner move-in or substantial renovations.
Example: When a landlord wants to move into the unit themselves, it's a no-fault just cause eviction that may require relocation assistance.
Notice of Termination for Just Cause
A notice that states a legally valid reason for ending the tenancy under just cause eviction laws.
Example: The landlord provided a notice of termination for just cause, citing persistent lease violations as the at-fault reason.
P
Plaintiff
The party filing the unlawful detainer case, typically the landlord or property owner.
Example: John Smith, as the property owner, is the plaintiff in the eviction case against his tenant.
Prevailing Party
The party that wins the eviction case and may be entitled to recover attorney's fees and costs.
Example: After winning the trial, the landlord was deemed the prevailing party and awarded $5,000 in attorney's fees.
Proof of Service
A declaration filed with the court showing how and when legal documents were delivered to the tenant.
Example: The process server completed a proof of service form detailing that the summons was personally delivered to the tenant on January 15th.
R
Rent Arrears
Past due rent that the tenant owes to the landlord.
Example: The tenant had $4,500 in rent arrears from missing three months of rent payments.
Repair and Deduct
A limited tenant right to hire someone to make necessary repairs and deduct the cost from rent.
Example: After the landlord ignored requests to fix the broken water heater, the tenant exercised their repair and deduct right, paying $800 for repairs and deducting it from rent.
S
Service of Process
The legal delivery of court papers to the tenant, ensuring they are properly notified of the lawsuit.
Example: The sheriff served the eviction papers by personally handing them to the tenant at their residence.
Settlement Agreement
A written contract between landlord and tenant that resolves the eviction case without going to trial.
Example: The parties reached a settlement agreement where the tenant agreed to move out by March 1st in exchange for dismissal of the case.
Sheriff Lockout
The physical removal of the tenant and their belongings by the sheriff, completing the eviction process.
Example: The sheriff arrived with the writ of possession and performed a lockout, changing the locks and removing the tenant's property.
Sixty-Day Notice to Terminate Tenancy
A notice required for ending tenancies lasting one year or more, giving the tenant 60 days to vacate.
Example: Since the tenant had lived there for two years, California law required the landlord to provide a sixty-day notice to terminate tenancy.
Stipulated Judgment
An agreed-upon judgment that is held in reserve and only entered if the tenant violates the settlement terms.
Example: The settlement included a stipulated judgment for possession that would be filed if the tenant didn't move out by the agreed date.
Summons and Complaint
Legal documents that officially start the eviction case and notify the tenant of the lawsuit.
Example: The tenant must respond to the summons and complaint within five court days or risk losing the case by default.
T
Thirty-Day Notice to Terminate Tenancy
A notice ending a month-to-month tenancy, giving the tenant 30 days to vacate in certain circumstances.
Example: The landlord gave a thirty-day notice to terminate the month-to-month tenancy so their family member could move in.
Three-Day Notice to Pay Rent or Quit
A legal notice demanding that the tenant either pay overdue rent or vacate the property within three days.
Example: After the tenant was 10 days late on rent, the landlord served a three-day notice to pay rent or quit.
Three-Day Notice to Perform Covenant or Quit
A legal notice requiring the tenant to fix a lease violation (like having an unauthorized pet) or move out within three days.
Example: The landlord issued a three-day notice to perform covenant or quit after discovering the tenant had a dog despite the no-pets policy.
Three-Day Notice to Quit
A legal notice demanding the tenant vacate the property within three days, without any opportunity to fix the problem.
Example: After repeated incidents of disturbing neighbors, the landlord served a three-day notice to quit based on nuisance behavior.
U
Unlawful Detainer (UD)
A lawsuit filed by a landlord to recover possession of rental property.
Example: If a tenant refuses to leave after proper notice, the landlord files an unlawful detainer lawsuit to regain possession of the property through the court system.
Use and Occupancy
The fair rental value owed by a tenant during the eviction litigation process.
Example: While the case was pending, the tenant was required to pay use and occupancy of $2,000 per month.
V
Vacate and Surrender
An agreement where the tenant commits to move out and return possession of the property by a specific date.
Example: The settlement required the tenant to vacate and surrender the premises by February 28th, leaving it in broom-clean condition.
W
Warranty of Habitability
An implied promise in every rental agreement that the unit is safe, livable, and meets minimum housing standards.
Example: Even though the lease didn't mention it, the warranty of habitability required the landlord to fix the broken plumbing.
Writ of Possession
A legal document that authorizes the sheriff to physically remove the tenant and restore possession to the landlord.
Example: Five days after the judgment, the landlord obtained a writ of possession to have the sheriff enforce the eviction.