An unlawful detainer is an eviction lawsuit. It asks a court to return possession of a property to the person entitled to it, usually a landlord. The court decides whether the occupant must leave. A notice demanding that someone move out is not itself an unlawful detainer lawsuit.

In California Family Law

An eviction can arise alongside a divorce or separation, especially when the family home is rented. For example, a couple separates and the rent goes unpaid. The landlord may bring an unlawful detainer case even while the spouses are asking the family court to decide who will live in the home.

The two cases address different questions. The eviction case concerns the right to possession as between the landlord and the occupants. The family case may concern which spouse can use the home and who must pay housing expenses. A family court order allowing one spouse to stay does not, by itself, resolve the landlord’s eviction claim.

Unlawful detainer is also different from enforcing a family court order that requires a spouse to move out. Do not assume that every refusal to leave the family home calls for an eviction lawsuit.

Eviction cases move quickly. A tenant personally served with the summons and complaint generally has 10 court days to respond, excluding weekends and court holidays. The deadline can differ with the method of service. The California Courts response guide explains how to count it. A landlord cannot replace the court process by changing locks or shutting off utilities.