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Dictionary of Law |
unlawful detainer :: legal definitionUnlawful detainer - n. 1) keeping possession of real property without a right, such as after a lease has expired, after being served with a notice to quit (vacate, leave) for non-payment of rent or other breach of lease, or being a "squatter" on the property. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. 2) a legal action to evict a tenant or other occupier of real property in possession, without a legal right, to declare a breach of lease, and/or a judgment for repossession, as well as unpaid rent and other damages. Such lawsuits have priority over most legal cases and therefore will be calendared for trial promptly. See also: landlord and tenant Thirty-day notice three-day notice and Related Law Terms ↓ Related Law Termsabandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonmentabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." abstract of title :: n. the written report on a title search which show ... e also: chain of title title report accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach). ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will lessee :: n. the person renting property under a written lea ... lord and tenant lease lessor tenant let :: v. 1) to allow or permit. This is distinguished fr ... rson. See also: lease rent sublease leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. owner :: n. one who has legal title or right to something. ... ke one a legal owner. See also: own partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract process :: n. in law, the legal means by which a person is re ... service of process subpena summons promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property :: n. anything that is owned by a person or entity. P ... rty real property separate property property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder rent :: 1) v. to hire an object or real property for a per ... ice. See also: lease month-to-month resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent self-executing :: adj. immediately effective without further action, ... party the right to try to collect. service :: n. 1) paid work by another person, either by contr ... ersonal services service of process stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll sublease :: n. the lease to another of all or a portion of pre ... and sublease. See also: lease rent tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title search :: n. the examination of county records for the prope ... e escrow lien title title insurance triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s. use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - UUCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust |