Unlawful Detainer Assistant Bond

An unlawful detainer is when someone who has no legal right to live on a property continues to live there and refuses to leave.

An unlawful detainer bond is a bond required of those who assist either a plaintiff or defendant representing themselves in an unlawful detainer (UD) case. The plaintiff in an unlawful detainer case would be a landlord who has been unable to force a tenant off a property to which they believe the tenant has no legal claim. A defendant in a UD case is a tenant who is being accused of ignoring earlier notices to vacate, received either for violating rules or for violating terms of the lease agreement.

A UDA may assist landlords or tenants in disputes where a landlord seeks to remove a tenant who refuses to vacate a property. Since the tenant is considered to be unlawfully detaining the property, UDAs help facilitate the legal proceedings. States with UDA bonding requirements mandate these bonds to protect clients from financial losses due to misrepresentation, fraud, or deceit by the assistant. 

UDA bonds are required in various states across the U.S. to ensure the security of individuals involved in unlawful detainer cases. The bond amount, costs, and regulations vary by location, making it essential for UDAs to comply with state-specific requirements.

Paying the $175 for registration as a UDA does not cover the cost of purchasing an unlawful detainer bond. These bonds can be purchased from a surety for a separate fee, determined by the surety and depending on your history and credit. Bond costs are generally a small percentage of the total bond amount, so a bond for $25,000 may cost anywhere between $250 and $2,500.

Since much of your bond premium price is determined by how likely it would be that someone would bring a claim against the bond, your experience and history as a successful assistant will greatly affect the price. Your personal credit history, your company's credit history, or both will also be considered.

If you are a UDA who has had claims made against a bond in the past, your premium will be higher. The more time that has passed since the last claim on your bond, the lower your premium will become.

If a qualified corporate surety or other person or entity registers to perform services as a UDA, they must purchase a bond of no more than $25,000, with a time limit of two years, paid for at the time of registration. If a UDA does not wish to purchase UDA bonds, then they have the option of depositing $25,000 cash with the county clerk's office. Failure to either purchase a bond or make the required cash deposit while still providing UDA services can result in fines, jail time, or both.