The first step to regaining ownership of a property is to determine which procedure to use.

• Unlawful Detainer Action – An unlawful detainer action is available between landlords and tenants. An ejectment action is generally preferred as it is a more streamlined process. In addition, the Residential Landlord-Tenant Act sets forth the requirements and procedures. Defendants have seven days to respond after being served with the summons and complaint before a default is available to the plaintiff. A lawful detainer action is a violation of a notice served on the defendant. A three-day notice is commonly used to vacate or pay rent. Notices from landlords and tenants.
• Ejectment – Ejectment proceedings are more traditional lawsuits. This means that in place of only seven days for a defendant to respond, he has twenty days to do so. A ejectment action is not initiated on the basis of the defendant’s failure to comply with a notice; instead, it is initiated to determine who has a superior title, and therefore, the superior right to possession. In many cases, when no landlord-tenant relationship exists or when a family member died, eviction actions are initiated against family members. Ejectment actions are most often won by a valid deed.