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February 20, 2025

Unlawful Detainer Assistant

An unlawful detainer assistant provides paid help with eviction paperwork but cannot give legal advice or represent you in court.

An unlawful detainer assistant is a person who is not a lawyer and provides paid assistance with an eviction case. The assistance may include preparing paperwork for a landlord or tenant. Hiring an assistant does not give you an attorney to advise you or represent you in court.

In California Family Law

A person going through divorce or separation may also face an eviction from a rented home. An unlawful detainer assistant may help with the eviction paperwork, but cannot advise that person about custody, support, or property rights.

California regulates these assistants under Business and Professions Code section 6400 and related laws. Under section 6410, they must provide a written contract explaining their services and costs. They cannot give legal advice, select a legal strategy, or perform services that require an attorney. County registration is not an endorsement of their knowledge or the quality of their work.

For example, a parent receives eviction papers while a divorce is pending. The parent may pay an assistant to prepare documents. An attorney can advise about possible defenses and how the housing dispute affects the family case.

A family court order allowing one spouse to use the family home is a separate matter from an eviction case. An unlawful detainer assistant cannot decide whether eviction is the proper way to enforce that order.

Glossary