![]() ![]() If the tenant fails to respond in the requisite time period, the landlord may begin the eviction process in court by filing the following documents with the court in the county in which the property is located and paying the requisite filing fee: 60-Day Notice to Quit (Month to Month Tenancies Over 1-Year).30-Day Notice to Quit (Month to Month Tenancies Under 1-Year).3-Day Notice to Quit (Non-Compliance – Incurable).3-Day Notice to Quit (Non-Compliance – Curable).3-Day Notice to Quit (Non-Payment of Rent).Serve the tenant with the proper notice depending on the situation: In the event that there is a tenant in possession of a landlord’s property that the landlord no longer wants to occupy the property, the landlord must determine which type of notice to send depending on whether there is a breach or whether the landlord wants to terminate in the natural course of business. In California, the rent is due on the date specified in the lease and is considered late if it’s not paid by that date. Writ of Possession (EJ-130) – This is a form that enables the landlord to request that the sheriff’s department remove the tenant from the property if necessary. Judgment for Unlawful Detainer (UD-110) – This form is to be filled out to officially indicate the outcome of the court case, determining whether it was the plaintiff (landlord) or defendant (tenant) that won. It is used to set a date for the court case and will indicate the type of trial, the estimated length thereof, and the issues that the judge will likely need to resolve. Request to Set Case for Trial – Unlawful Detainer (Form UD-150) – This document can be used once everything has been filed with the courthouse. A copy should be filed with the court clerk once obtained by the landlord.Īnswer (Form UD-105) – This form is used so that the tenant can either agree with or deny the statements made in the complaint. Proof of Service – The proof of service is to be completed following the serving of the complaint and summons on the tenant. ![]() A copy should be delivered to the tenant following the filing at the courthouse. It must be filed with the complaint and cover sheet at the courthouse of the county where the property is located. Summons (Form SUM-130)– The summons is the official notice of a lawsuit. It details the reasons for the eviction and is to be filed with at the courthouse in the county where the property exists.Ĭover Sheet (Form CM-010)– The cover sheet is to be filed with the complaint the information therein will be used to collect statistics of the types and number of like cases. ![]() Eviction Lawsuit: Summary Proceedings for Obtaining Possession of Real Property in Certain Cases CA Civ Pro Code, §§ 1159 – 1179aĬomplaint (Form UD-100) – This form is to be filled out by the plaintiff and their lawyer. ![]()
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