NFPA Paralegal Core Competency Exam (PCCE)Substantive LawEasy
A client, a landlord, wants to evict a commercial tenant who has failed to pay rent for three months, despite repeated notices. The lease agreement contains a standard clause allowing for eviction upon default. Which of the following legal actions should the paralegal advise the attorney to initiate?
- AQuiet Title Action
- BSpecific Performance
- CUnlawful Detainer Action
- DDeclaratory Judgment
Show answer & explanationAnswer & explanation
Correct answer: C. Unlawful Detainer Action
An Unlawful Detainer Action is the appropriate legal procedure for a landlord to regain possession of property from a tenant who is wrongfully occupying it, typically due to non-payment of rent or breach of lease terms.
Why the other options are wrong
- A. A Quiet Title Action is used to establish clear ownership of real property against adverse claims.
- B. Specific Performance is a remedy typically used in contract law to compel a party to fulfill their contractual obligations.
- D. A Declaratory Judgment asks a court to determine the rights of parties or interpret a law without ordering action or awarding damages.
Unlawful Detainer Action
A legal procedure used by landlords to evict tenants and regain possession of rental property when the tenant has breached the lease agreement, typically by failing to pay rent or holding over after the lease term.
- Expedited court process designed for landlord-tenant disputes.
- Focuses primarily on regaining possession of the property.
- Requires proper notice to the tenant before filing.
- Can often include claims for unpaid rent and damages.
Memory trick: Unlawful Detainer is how landlords 'detain' their property back.