Unlawful Detainer Assistant
From Consumer Wiki
An Unlawful Detainer Assistant (UDA) is a person or entity that provides advice or assistance in unlawful detainer proceedings for monetary compensation. However, some individuals and organizations have offered tenants protection from eviction but have actually defrauded them and also caused economic harm to landlords.
- The UDA must register (registration is good for 2 years) with the county where he or she resides and where the business is conducted.
- The UDA must be bonded for $25,000.
Under the 1993 "Unlawful Detainer Assistant Act" (Business & Professions Code 6400-6415),the unlawful detainer assistant is required to use a standard contract form available through their local County Clerk's Office.
- The contract must be in English and in the language of the client. Failure to do so makes the contract void at the client's option.
- The contract must be used prior to providing any service to a client.
- The client may cancel his or her contract with the UDA for any reason with 24 hours of signing it.
- The UDA must immediately return any fees paid by the client, except fees for services that the UDA actually, necessarily, and reasonably performed on the client's behalf.
Consumer must contact their local County Clerk's office for applications and additional information.
Frequently Asked Questions:
- Q. What is an Unlawful Detainer Assistant?
A. An "Unlawful Detainer Assistant" means any individual who for compensation renders assistance or advice in the prosecution or defense of an unlawful detainer claim or action, including any bankruptcy petition that may affect the unlawful detainer claim or action. Unlawful Detainer Assistants are non-lawyers who are in business to provide advice and assistance to landlords and tenants on unlawful detainer issues.
2. Q. What is an Unlawful Detainer Claim?
A. An Unlawful Detainer Claim is a court procedure that must be filed by the landlord when a tenant does not voluntarily move out after being given proper notice to do so. It is part of the eviction process.
3. Q. How can I register as an Unlawful Detainer Assistant?
A. You must register with the county clerk in each county where you provide services as an Unlawful Detainer Assistant. You must also post a bond with the county clerk's office.
4. Q. How can I obtain the bond?
A. For more information contact the county clerk's office. You can also look in the Yellow Pages under bonds.
5. Q. Where can I obtain an application for Unlawful Detainer Assistant?
A. An application can be obtained by contacting the county clerk's office.
6. Q. Where can I obtain the regulations pertaining to Unlawful Detainer Assistant?
A. Our office can send you a copy of the regulations or you may be able to obtain them by contacting the county clerk's office.
7. Q. Where can I get more information about registering as an Unlawful Detainer Assistant?
A. Contact your local county clerk's office.
Publications available: None are offered by the Consumer Information Center.
See also: None
Other referrals: Local County Clerk's office