Professional Documents
Culture Documents
When to file? Within one (1) year Within one (1) year
after such unlawful commencing from
deprivation or the time of lat
withholding of formal demand
possession, or (oral or written;
upon the discovery direct or indirect)
of force, to vacate.
intimidation,
threat, strategy or
stealth
Principal Issue Prior physical Demand to pay and
possession is the vacate is condition
only principal precedent in
issue. unlawful detainer.
Unlawful Detainer:
1. Possession of property by the defendant was by contract
with or by tolerance of the plaintiff;
2. Such possession become illegal upon notice by the
plaintiff to defendant, of the termination of latter’s right of
possession.
3. Defendant remained in possession of the property and
deprived the plaintiff of enjoyment thereof;
4. Within one year from last demand to vacate the property;
plaintiff instituted the complaint for ejectment.