Unlawful Detainer Assistant Bond (California)
Unlawful detainer assistant bonds (UDA bonds) are required of those who help others to represent themselves in unlawful detainer cases in many states, including California. Knowing what a UDA bond is will help you in your unlawful detainer case, whether you plan to be an assistant or are a defendant or plaintiff.
The cost of a UDA bond is carried by the assistant, not by the plaintiff or defendant. Costs for unlawful detainer California bonds will vary within the state and among costs for similar bonds in other states. Since UDA bonds are required of all UDAs in California, the consequences of helping someone represent themselves in an unlawful detainer case, without either posting a UDA bond or a presenting a cash deposit in lieu of the bond, can be costly.
What Is an Unlawful Detainer?
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 in California is a bond required of those who assist either a plaintiff or defendant representing themselves in an unlawful detainer (UD) case. The plaintiff in a California 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.
Who Needs Unlawful Detainer Bonds in California?
A UDA helps either a landlord or a tenant in landlord-tenant cases where the landlord is trying to have a tenant vacate, but the tenant refuses. The tenant is purported to be detaining a property illegally, hence the term “unlawful detainer.” The landlord cannot get them to leave, so the landlord may hire a UDA, who is required by law in California to purchase a UDA surety bond for the protection of clients.
If you are assisting either a tenant or a landlord who is representing themselves in an unlawful detainer case in California, you will need a $25,000 unlawful detainer bond with a bond term of two years. If you have been served unlawful detainer papers from the court, this means that you are being accused of overstaying your legal term or otherwise violating the law by residing on a property, and you are being commanded to vacate immediately.
Should you respond to the notice of unlawful detainer within five days and would like to represent yourself in court, a UDA can help you. Should this assistant prove dishonest, fraudulent or otherwise untrustworthy, an unlawful detainer bond protects you from the potential resulting financial losses. Should a landlord choose the services of a UDA to help vacate a tenant via the court system, they are also protected by a UDA surety bond.
How Much Do UDA Bonds Cost?
Paying the $175 for registration as a UDA does not cover the cost of purchasing an unlawful detainer California bond. These bonds can be purchased from a surety for a separate fee, determined by the surety and depending upon 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 – $2,500.
Since much of your bond premium price is determined by how likely it would be 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.
What If I Don’t Get a UDA Bond?
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.
UDA Bonds in California
UDA bonds are required in many states, including California, for the protection of the person being advised. Bond costs vary by state and are especially affected by the bond amount and history of the UDA applying for the bond. A UDA bond does not need to be purchased if the assistant registering with the clerk’s office is willing and able to make a $25,000 deposit. These actions are not voluntary and are required of all California UDAs, and the consequences of not doing so can end a person or company’s privilege to act as an unlawful detainer assistant in California.
California has a two-year $25,000 unlawful detainer assistant bond requirement (UDA bond) for those providing services as an unlawful detainer assistant and those who assist in preparing the paperwork involved in the prosecution or defense of an unlawful detainer action or claim, and do so for compensation. The original Unlawful Detainer California Assistant bond must be filed with the county in which the individual will be conducting business. The unlawful detainer California UDA surety bond is required to protect individuals who are damaged by any acts made by the UDA, delineated by dishonesty, misrepresentation, fraud, misstatement, deceit and/or any unlawful omissions or acts made by the UDA.
NFP can assist you with a wide variety of bonding requirements. Our staff is familiar with the bond you need and will provide it affordably and on the bond form that is required. If you need license bonds, permit bonds, court bonds, probate bonds, sales tax bonds, utility deposit bonds, lost title bonds, car title bonds, lost instrument bonds, dealer bonds or contract bonds — we do it all.
Want to learn more about unlawful detainer bonds? Contact us today at 800.863.3210.