How to File an Unlawful Detainer Case in California

An unlawful detainer case is the California court case a landlord files to legally evict a tenant. A landlord usually files this case only after giving the tenant a proper written eviction notice, waiting for the notice deadline to expire, and confirming that the tenant did not do what the notice required. The California Courts Self-Help Guide explains that the eviction process starts when the landlord gives the tenant written notice, and if the tenant does not do what the notice says by the deadline, the landlord can start an eviction court case.

Filing an unlawful detainer case is not the first step in most California evictions. The first step is usually the eviction notice. The notice may be a 3-day notice to pay rent or quit, a 3-day notice to perform covenants or quit, a 3-day notice to quit, a 30-day or 60-day notice to quit, or another notice required by law. The California Courts Self-Help Guide explains the different notice types and when each one is used.

A landlord should not file the case until the notice deadline has fully passed. The California Courts Self-Help Guide says a landlord can start an eviction case if the tenant did not do what the notice asked and the notice deadline has passed. Both parts matter. The tenant must not have complied with the notice, and the deadline must be over.

A landlord also cannot use self-help to force a tenant out. Even if the notice expired, the landlord cannot change locks, remove the tenant’s belongings, shut off utilities, or physically remove the tenant. The California Courts Self-Help Guide warns that a landlord cannot lock a tenant out, shut off utilities, or throw out belongings to make the tenant leave. If the tenant does not leave after the notice expires, the landlord must use the court process.

This article explains how to file an unlawful detainer case in California. It covers what to check before filing, which forms are commonly required, where to file, how to serve the tenant after filing, what happens if the tenant responds, what happens if the tenant does not respond, and what mistakes landlords should avoid. It is written in practical language for landlords and tenants and uses official California court and government sources.

What Is an Unlawful Detainer?

An unlawful detainer is a court case where the landlord asks the court to order the tenant to move out. It is the formal eviction lawsuit. In California, a landlord does not complete an eviction simply by giving a notice. If the tenant does not leave or comply with the notice, the landlord must file an unlawful detainer case and prove the right to possession.

The California Courts Self-Help Guide describes the eviction court process as an unlawful detainer case. The guide explains the process for residential evictions and includes steps for landlords and tenants. It also makes clear that the guide is for residential evictions, not commercial evictions.

The legal foundation for many unlawful detainer cases is found in California Code of Civil Procedure section 1161. That statute describes several situations where a tenant may be treated as unlawfully detaining the property, including nonpayment of rent, failure to perform lease conditions after proper notice, nuisance, waste, unlawful use, and remaining in possession after the tenancy has ended.

An unlawful detainer case is usually faster than a regular civil lawsuit because it is designed to decide possession of the property. But it is still a court case. The landlord must follow court rules. The tenant has the right to respond. The court may set a trial. If the landlord wins, the court may issue a judgment and a writ of possession. The sheriff, not the landlord personally, carries out the final physical eviction.

Step 1: Make Sure the Correct Notice Was Served

Before filing, the landlord should confirm that the correct eviction notice was served. This is critical because the notice is the foundation of the case. If the landlord served the wrong notice, the case may fail.

The California Courts Self-Help Guide lists common notice types. A 3-day notice to pay rent or quit is used when the tenant is behind on rent. A 3-day notice to perform covenants or quit is used when the tenant broke a lease rule but can fix the problem. A 3-day notice to quit is used for serious problems where the tenant is not being given a chance to fix the issue. A 30-day or 60-day notice to quit is commonly used to end a month-to-month tenancy. A 90-day notice to quit may apply in some subsidized housing situations.

The landlord should ask: What is the legal reason for the eviction? Does the notice match that reason? If the tenant owes rent, did the landlord use a rent notice? If the tenant broke a lease rule that can be fixed, did the landlord give the tenant a chance to cure? If the landlord is ending a month-to-month tenancy, did the landlord give 30 days or 60 days as required? If the Tenant Protection Act applies, did the notice include just cause and any required relocation or rent-waiver information?

This step matters because a landlord cannot usually fix a defective notice by filing the court case. If the notice is wrong, the tenant may raise the problem as a defense. In many cases, the safer approach is to serve a corrected notice and wait the proper time before filing.

Step 2: Make Sure the Notice Was Served Correctly

The landlord must also confirm that the eviction notice was delivered properly. The California Courts Self-Help Guide explains that a notice can be delivered by hand delivery, by leaving it with another adult and mailing a copy, or by posting it where the tenant will see it and mailing a copy.

These methods are important. A landlord should not rely only on a text message, email, phone call, or verbal warning. California eviction notice service requires formal delivery of a written notice. If the notice was left with another adult, the landlord must also mail a copy. If the notice was posted on the door, the landlord must also mail a copy. Posting alone is not enough. Leaving it with another adult alone is not enough.

The landlord should keep a written proof of service for the notice. The California Courts Self-Help Guide recommends that the person who delivered the notice write down the name of the notice, the date it was handed to the tenant, given to another adult and mailed, or posted and mailed, and sign under penalty of perjury under California law.

This proof may be needed later. If the tenant says the notice was never served, was posted on the wrong door, was not mailed, or was served late, the landlord must be ready to prove proper service. A landlord who cannot prove service may lose time and may have to start over.

Step 3: Count the Notice Deadline Correctly

The landlord must count the notice period correctly before filing the unlawful detainer case. The California Courts Self-Help Guide explains that the landlord should not count the day the notice was delivered or mailed. The deadline starts the next day. If the deadline falls on a weekend or court holiday, the deadline moves to the next court day.

The type of notice determines whether weekends and court holidays count. For a 3-day notice to pay rent or quit, Saturdays, Sundays, and court holidays are not counted. For a 3-day notice to perform covenants or quit, Saturdays, Sundays, and court holidays are not counted. The California Courts explain these timing rules on the notice-types page.

For a 3-day notice to quit, every day is counted, including Saturdays, Sundays, and court holidays. For 30-day and 60-day notices, every day is also counted. The California Courts Self-Help Guide explains that if a notice does not let the tenant fix the issue, including a 3-day notice to quit or a 30-day or 60-day notice, the landlord counts every day.

Filing too early is a serious mistake. The California Courts Self-Help Guide warns that if the landlord files before the deadline, the court can dismiss the case. The landlord should always confirm the deadline before filing.

Step 4: Confirm the Tenant Did Not Comply

Before filing, the landlord should confirm that the tenant did not do what the notice required. If the notice was a 3-day notice to pay rent or quit, the landlord should confirm whether the tenant paid the full rent properly demanded in the notice. If the notice was a 3-day notice to perform covenants or quit, the landlord should confirm whether the tenant fixed the lease violation. If the notice was a 30-day or 60-day notice, the landlord should confirm whether the tenant moved out.

The California Courts Self-Help Guide says a landlord can start an eviction case if the tenant did not do what the notice asked and the notice deadline has passed. This means the landlord should not file if the tenant complied. If the tenant paid the full rent demanded on time, cured the violation, or moved out and returned possession, the landlord may not need an unlawful detainer case.

If the tenant moved out before filing, the landlord may need to handle money issues separately rather than filing for possession. The California Courts Self-Help Guide explains that if a tenant moves out before trial, the landlord must dismiss the eviction case, and if money is still owed, the landlord may be able to start a small claims or civil case. The same practical point applies before filing: if possession is no longer disputed, an eviction case may not be the right tool.

Step 5: Check the Tenant Protection Act and Local Rules

Before filing, the landlord should check whether California’s Tenant Protection Act applies. The law is found in California Civil Code section 1946.2. This law may require just cause before a landlord can terminate many residential tenancies. It may also require specific notice language, a chance to cure for certain lease violations, relocation assistance, or a rent waiver for some no-fault terminations.

The California Courts Self-Help Guide explains that if the Tenant Protection Act applies and the tenant has lived in the rental home more than 1 year, a 30-day or 60-day notice must include the just cause, whether it is at-fault or no-fault, and whether relocation assistance or a last month’s rent waiver is required.

The landlord should also check local city or county rules. The California Courts warn that some cities have stronger tenant protections. Local law may require a specific reason for eviction, special notice language, relocation payments, registration, filings with a local agency, or additional steps before the landlord can file. A notice that is acceptable under statewide law may still be defective under local law.

This is especially important in cities with rent control, just-cause eviction rules, tenant anti-harassment rules, or relocation requirements. Landlords should not rely only on a statewide template. Tenants should also check local protections if they are served with an unlawful detainer complaint.

Step 6: Identify the Correct Court

A landlord files the unlawful detainer case in the superior court for the county where the rental property is located. California superior courts handle unlawful detainer cases. The landlord should check the local superior court website to confirm filing location, local forms, e-filing rules, filing fees, and self-help resources.

The California Courts Self-Help Guide explains that all California courts use the same basic eviction forms, but some courts have extra local forms, so parties should check with the court clerk or local court website. This is important because filing requirements can vary by county even though the statewide Judicial Council forms are the same.

For example, some courts require electronic filing. Some courts allow in-person filing. Some courts have local cover sheets or local unlawful detainer packets. Some courts require special information or local forms. A landlord should check before filing so the case is not rejected for missing paperwork.

If the landlord files in the wrong county or wrong court location, the case may be delayed. The landlord should use the property address to determine the proper court.

Step 7: Complete the Required Court Forms

To start an unlawful detainer case, the landlord must complete the required court forms. The California Courts Self-Help Guide explains that to start the eviction case, the landlord fills out four court forms: Summons—Unlawful Detainer—Eviction, form SUM-130; Complaint—Unlawful Detainer, form UD-100; Civil Case Cover Sheet, form CM-010; and a local form called Certificate of Counsel in some courts.

The main form is the Complaint—Unlawful Detainer, Judicial Council form UD-100. The California Courts form page says UD-100 starts an eviction case and tells the tenant all the issues the landlord wants to include in a judgment against them.

The Summons—Unlawful Detainer—Eviction, form SUM-130, tells the tenant that the landlord has started a court case. The California Courts Self-Help Guide explains that if a tenant receives a Summons, it means the landlord started a court case asking a judge to order the tenant to move out.

The Civil Case Cover Sheet, Judicial Council form CM-010, gives the court basic information about the case type. Some courts may also require local forms. The landlord should check the court’s website or clerk’s office before filing.

Step 8: Attach or Prepare Supporting Documents

The landlord should prepare supporting documents before filing. The exact documents depend on the case, but common documents include the eviction notice, proof of service of the notice, rental agreement or lease, rent ledger, payment history, evidence of lease violations, photos, correspondence, and local-law compliance documents.

If the case is based on unpaid rent, the landlord should have a rent ledger showing the rent owed, payments received, and dates covered. The landlord should make sure the rent demanded in the notice matches the complaint. If the notice demanded the wrong amount, included late fees, or included utilities or other charges that do not belong in a 3-day rent notice, the tenant may have a defense. The California Courts Self-Help Guide explains that a 3-day notice to pay rent or quit cannot include other money such as late fees, interest, utilities, or damages.

If the case is based on a lease violation, the landlord should have the lease provision and evidence showing the violation. If the notice gave the tenant a chance to cure, the landlord should have evidence that the tenant did not cure in time. If the case is based on a 3-day notice to quit, the landlord should have evidence supporting the serious conduct, such as nuisance, unlawful activity, waste, or health and safety risk.

If the case is based on a 30-day or 60-day notice, the landlord should have the notice, proof of service, evidence of the tenancy length, and any required just-cause or relocation documentation. If the Tenant Protection Act applies, the landlord should be ready to show compliance with California Civil Code section 1946.2.

Step 9: Consider the Prejudgment Claim of Right to Possession

If there may be unknown adults living in the rental unit, the landlord may consider using a Prejudgment Claim of Right to Possession, form CP10.5. The California Courts Self-Help Guide explains that a landlord can have the sheriff or process server deliver this form with the Complaint and Summons. It lets unknown adults who live in the rental unit know about the eviction and their right to join the case.

This form can be important when the landlord does not know everyone living in the rental unit. If an adult occupant is not named in the case and does not receive proper notice of the lawsuit, the landlord may face problems later when trying to enforce the judgment. The Prejudgment Claim of Right to Possession gives unknown occupants a chance to come forward and join the case if they claim a right to possession.

The landlord should use this form carefully and follow the service rules. If the landlord is unsure whether to use it, the landlord should check court self-help resources or speak with a lawyer.

Step 10: File the Forms With the Court

Once the forms are complete, the landlord files them with the superior court. Filing may be done electronically, in person, or by other methods allowed by the local court. The landlord should check the court’s local filing rules. Some courts require e-filing for attorneys. Some allow self-represented landlords to file in person or electronically.

The landlord will usually need to pay a filing fee unless the landlord qualifies for a fee waiver. The California Courts provide fee waiver information through the official California Courts fee waiver guide. If the landlord cannot afford filing fees, the landlord may ask the court for a fee waiver, but eligibility depends on income and other rules.

After the forms are filed, the court will issue or file-stamp the documents. The landlord will need copies for service on each tenant. The landlord should keep organized copies of all filed documents, notices, proof of service, and court receipts.

Filing the complaint does not complete the process. The tenant must still be served with the court papers. Until the tenant is properly served, the tenant’s response deadline usually does not begin.

Step 11: Serve the Summons and Complaint on Each Tenant

After filing, the landlord must have the tenant served with the Summons and Complaint. The California Courts Self-Help Guide explains that after filing eviction forms, the landlord must have someone else deliver the Summons and Complaint, along with any other forms, to each tenant.

This is a key rule: the landlord cannot serve the court papers personally. The server must be another adult who is at least 18 and not part of the case. The server may be a friend, relative, professional process server, sheriff, or marshal, depending on the situation. The server must serve every tenant.

The California Courts service page explains several important points. Personal service should be tried first. If personal service does not work, the server may use substituted service if the requirements are met. Posting and mailing the court papers is only allowed if the judge gives permission. The server must complete Judicial Council form POS-010, Proof of Service of Summons, and the proof must be filed with the court.

This service step is different from serving the original eviction notice. The original notice can be served before the case using notice-service methods. The Summons and Complaint are court papers and must be served under court service rules.

Step 12: Understand Personal Service

Personal service means the server hands the Summons and Complaint directly to the tenant. This is usually the strongest method. The tenant’s response deadline is shorter after personal service than after some other methods.

The California Courts Self-Help Guide explains that every tenant must be served and that the landlord cannot serve the Summons and Complaint personally. If the tenant is personally served, the tenant generally has 10 court days to file a response. The California Courts Self-Help Guide explains that after the Summons and Complaint are served, the tenant has 10 days to respond if served in person and 20 days if served another way.

The server should document the date, time, location, and tenant served. After service, the server completes proof of service. The landlord then files the proof with the court.

Step 13: Understand Substituted Service

Substituted service may be used when personal service has been tried but did not work. The California Courts Self-Help Guide explains that the server must try personal service first, usually at least 2 to 3 tries on different days and times when the tenant is likely to be home or at work. Each attempt must be written down with the date, time, and address.

If substituted service is allowed, the server leaves the papers with a responsible adult at the tenant’s home or work and then mails another copy. The server must complete the proof of service. The tenant’s response deadline is longer than for personal service.

Substituted service is often challenged if the landlord cannot show enough attempts at personal service. The server should keep detailed notes. The notes should show the attempts, dates, times, addresses, and what happened. This helps show the court that personal service was tried first.

Step 14: Understand Posting and Mailing of Court Papers

Posting and mailing the Summons and Complaint is not the same as posting and mailing the original eviction notice. For court papers, posting and mailing generally requires the judge’s permission. The California Courts Self-Help Guide explains that posting and mailing is only allowed if the judge gives permission.

The California Courts Self-Help Guide page on posting and mailing explains that if the judge allows this method, the server posts the papers at the tenant’s home where the tenant will clearly see them and mails another copy by certified mail to the tenant’s home address. Service is complete 10 days after mailing.

This method usually requires proof that the server made reasonable efforts to serve the tenant another way first. The landlord should not assume that posting court papers on the door is allowed without court approval. If the landlord posts court papers without permission, service may be invalid.

Step 15: File the Proof of Service

After the tenant is served, the server must complete proof of service. The common form is Judicial Council form POS-010, Proof of Service of Summons. The California Courts Self-Help Guide explains that the server must complete POS-010 and that the landlord should file it at the court.

This proof tells the court when and how the tenant was served. It is necessary because the court needs to know when the tenant’s response deadline started. If the landlord does not file proof of service, the court may not know whether the tenant was properly served, and the landlord may not be able to request default or move forward.

The landlord should review the proof carefully before filing it. The tenant’s name, service date, service method, address, and server information should be accurate. Errors on proof of service can create delay.

Step 16: Wait for the Tenant’s Response Deadline

After the tenant is served with the Summons and Complaint, the landlord must wait for the tenant’s response deadline. The deadline depends on how the tenant was served. The California Courts Self-Help Guide says the tenant has 10 days to respond if served in person and 20 days if served another way.

The California Courts default judgment page explains this in more detail. If the tenant was personally served, the tenant has 10 court days to file an Answer. If the tenant was served by substituted service or posting and mailing, the tenant has more time. The landlord should not request default before the tenant’s response time has expired.

The tenant may respond by filing an Answer, commonly Judicial Council form UD-105. The California Courts Self-Help Guide explains that tenants use form UD-105 to respond and may add form MC-025 if they need more space.

Step 17: If the Tenant Does Not Respond, Ask for Default

If the tenant does not file a response by the deadline, the landlord may ask the court for a default judgment. The California Courts Self-Help Guide explains that once the tenant’s time to file an Answer runs out, the landlord can ask for a default judgment.

Default means the landlord may win because the tenant did not respond. However, the landlord still must complete the proper court forms. The court must review the request. If the paperwork is incomplete or incorrect, the default may be delayed or denied.

The landlord should confirm that each tenant was properly served and that the response deadline has expired before asking for default. If one tenant responded and another did not, the case may require different handling. If unknown occupants were served with a Prejudgment Claim of Right to Possession, the landlord should also check whether anyone filed a claim.

Tenants should understand that ignoring the Summons and Complaint is dangerous. If the tenant misses the deadline, the landlord may ask for default. If default is entered, the tenant may lose the case without a trial unless the court later sets aside the default in limited circumstances.

Step 18: If the Tenant Responds, Request a Trial Date

If the tenant files an Answer, the case does not automatically end. It usually moves toward trial. The California Courts Self-Help Guide explains that if the tenant files an Answer, the landlord must request a trial date using form UD-150. The form is Judicial Council form UD-150, Request to Set Case for Trial—Unlawful Detainer.

The tenant may also request a trial date. The California Courts Self-Help Guide explains that after a tenant files an Answer, either side can ask the court to set a trial date using UD-150.

Before trial, the landlord should organize evidence. This may include the lease, notice, proof of service, rent ledger, payment records, photos, videos, witness statements, repair records, local-law compliance documents, and any communications with the tenant. The tenant will also have a chance to present evidence and defenses.

The landlord should be ready to prove the case. Filing the unlawful detainer complaint does not guarantee victory. The landlord must show the court that the eviction is legally proper.

Step 19: Prepare for Trial

If the case goes to trial, both sides should prepare carefully. The landlord should prove the notice was valid, the notice was properly served, the deadline expired, the tenant did not comply, and the landlord has the right to possession. The tenant may challenge any of those points.

The California Courts Self-Help Guide tells tenants to bring all documents and evidence that support their side. It also explains that tenants should explain defenses to the judge. Landlords should take the same practical approach: bring organized evidence and be ready to explain the facts clearly.

Common landlord evidence may include:

• The rental agreement or lease.
• The eviction notice.
• Proof of service of the notice.
• Rent ledger and payment history.
• Photos or videos of lease violations or damage.
• Written complaints or incident reports.
• Messages with the tenant.
• Local-law compliance records.
• Proof of relocation assistance or rent waiver if required.
• Proof of service of the Summons and Complaint.

Common tenant defenses may include defective notice, improper service, wrong rent amount, payment, cure, landlord acceptance of rent after the notice expired, failure to follow the Tenant Protection Act, failure to follow local law, discrimination, retaliation, or habitability issues where legally relevant. The California Courts Self-Help Guide provides tenant defense information.

Step 20: What Happens After Judgment?

If the landlord wins, the court may enter judgment for possession. The court may also decide money issues depending on the case. The landlord may then obtain a writ of possession. The California Courts Self-Help Guide explains what happens after an eviction trial decision and says that if the landlord wins, the landlord will need to take steps to have the sheriff remove the tenant if the tenant does not leave.

The California Courts Self-Help Guide explains that if the landlord wins, the judge gives the landlord a writ of possession. The sheriff then posts a Notice to Vacate, giving the tenant a few days to move out. If the tenant does not move, the sheriff can remove the tenant.

If the tenant loses, the tenant may be able to ask for more time in limited circumstances. The California Courts Self-Help Guide explains that if a tenant loses, the tenant must move out within 5 days after the sheriff posts a Notice to Vacate, and the tenant can ask the court for more time by requesting a stay of execution.

If the landlord loses, the tenant may stay, depending on the judgment. The landlord may need to review the reason for the loss before deciding whether to serve a new notice, appeal, or take another lawful step.

What If the Tenant Moves Out Before Trial?

If the tenant moves out before trial, the landlord may need to dismiss the eviction case. The California Courts Self-Help Guide says that if the tenant moves out before trial, the landlord must dismiss the eviction case. The page also explains that the landlord cannot dismiss the case if the judge has already issued a judgment.

If the tenant still owes money, the landlord may be able to file a small claims or civil case. The same California Courts dismissal page explains that if the tenant still owes money, the landlord can start a small claims or civil case to try to recover it. This is because an unlawful detainer case is primarily about possession.

Landlords should document the move-out date, return of keys, unit condition, and any belongings left behind. Tenants should also document move-out with photos, videos, returned-key proof, and a forwarding address.

Common Mistakes When Filing an Unlawful Detainer Case

The first common mistake is filing before the notice deadline expires. The California Courts Self-Help Guide warns that filing too early can cause dismissal.

The second mistake is filing on the wrong notice. If the landlord used the wrong notice type, demanded improper charges, failed to include required information, or did not give a required chance to cure, the tenant may have a defense.

The third mistake is failing to prove service of the notice. The landlord should have a signed proof of service showing how and when the notice was served. If posting or leaving with another adult was used, the landlord should also prove mailing.

The fourth mistake is ignoring the Tenant Protection Act. If just cause is required, the notice and complaint should reflect the legal basis. If relocation assistance or a rent waiver is required, the landlord should show compliance.

The fifth mistake is ignoring local law. Some cities and counties require special language, relocation payments, registration, or local filings. A statewide complaint may not solve local-law problems.

The sixth mistake is serving the Summons and Complaint personally. The landlord cannot serve the court papers. Someone else must serve each tenant.

The seventh mistake is using posting and mailing for court papers without court permission. For court papers, posting and mailing is allowed only if the judge gives permission.

The eighth mistake is failing to file proof of service of the Summons and Complaint. Without proof, the court may not proceed to default or trial.

Tenant Defenses After an Unlawful Detainer Is Filed

Tenants may have defenses after an unlawful detainer case is filed. The tenant usually raises defenses in the Answer, Judicial Council form UD-105. The California Courts Self-Help Guide explains that tenants may use defenses in an eviction case and can add more detail using an attachment such as MC-025.

Common defenses may include:

• The landlord used the wrong notice.
• The notice did not include required information.
• The notice was not served correctly.
• The landlord counted the deadline incorrectly.
• The landlord filed too early.
• The tenant paid the rent demanded in the notice.
• The tenant fixed the lease violation.
• The landlord accepted rent after the notice expired.
• The landlord refused rent from the tenant or a third party.
• The landlord failed to follow the Tenant Protection Act.
• The landlord failed to follow local rent or eviction control law.
• The eviction is based on discrimination or retaliation.

A tenant should not ignore the case even if the tenant believes the landlord is wrong. The tenant must respond by the deadline. The California Courts Self-Help Guide says tenants have 10 court days to file an Answer after being served with eviction papers, and they should file right away if they miss the deadline but default has not yet been entered.

Discrimination and Retaliation Issues

A landlord cannot use an unlawful detainer case for an illegal reason. The California Courts Self-Help Guide says a landlord cannot evict for illegal reasons like discrimination or retaliation. This applies before filing and during the case.

California housing discrimination protections are explained by the California Civil Rights Department on its official Housing Discrimination page. A landlord should not evict a tenant because of protected characteristics such as race, color, ancestry, national origin, religion, disability, sex, gender, sexual orientation, gender identity, marital status, familial status, source of income, or other protected categories under California law.

Retaliation may also be a defense. For example, a tenant may have requested repairs, complained about unsafe conditions, contacted a government agency, organized with other tenants, or requested a disability accommodation. If the landlord filed the eviction because of protected activity, the tenant may have a defense.

Checklist for Landlords Before Filing

• Confirm the tenant is still in possession.
• Confirm the correct notice was used.
• Confirm the notice included all required information.
• Confirm the notice was served properly.
• Confirm proof of service was completed.
• Confirm the notice deadline fully expired.
• Confirm the tenant did not pay, cure, or move out as required.
• Check the Tenant Protection Act.
• Check local city and county rules.
• Gather lease, ledger, notices, proof, and evidence.
• Complete SUM-130, UD-100, CM-010, and any local forms.
• Check whether CP10.5 should be served for unknown occupants.
• File in the correct superior court.
• Have someone else serve each tenant with the Summons and Complaint.
• File POS-010 after service.

Checklist for Tenants After Being Served

• Read the Summons and Complaint immediately.
• Check the date and method of service.
• Count the response deadline carefully.
• Do not ignore the court papers.
• Review the notice attached to or referenced in the complaint.
• Check whether the notice was served correctly.
• Check whether the landlord filed too early.
• Gather proof of payment, cure, or move-out.
• Check whether the Tenant Protection Act applies.
• Check local tenant protections.
• Use Judicial Council form UD-105 to file an Answer if contesting the case.
• Use an attachment if more space is needed.
• Attend all court dates.

Frequently Asked Questions

Can a landlord file an unlawful detainer before the notice expires?

No. The landlord must wait until the notice deadline has passed. The California Courts Self-Help Guide warns that filing too early can cause the court to dismiss the case.

What forms start an unlawful detainer case?

The California Courts say that to start an eviction case, the landlord fills out the Summons—Unlawful Detainer—Eviction, form SUM-130; Complaint—Unlawful Detainer, form UD-100; Civil Case Cover Sheet, form CM-010; and any required local form such as Certificate of Counsel. The official instructions are on the California Courts landlord filing page.

Can the landlord serve the Summons and Complaint personally?

No. After filing, the landlord must have someone else serve the Summons and Complaint on each tenant. The California Courts Self-Help Guide explains that the landlord cannot serve the Summons and Complaint personally.

Does every tenant need to be served?

Yes. The California Courts explain that every tenant must be served with the Summons and Complaint after the case is filed. If there are unknown adult occupants, the landlord may consider the Prejudgment Claim of Right to Possession, form CP10.5.

How long does the tenant have to respond?

The deadline depends on how the tenant was served. The California Courts explain that after the Summons and Complaint are served, the tenant has 10 days to respond if served in person and 20 days if served another way. The tenant commonly responds with form UD-105.

What happens if the tenant does not respond?

The landlord may ask for a default judgment after the tenant’s response time expires. The California Courts default judgment page explains how landlords ask for default when the tenant does not respond.

What happens if the tenant files an Answer?

If the tenant files an Answer, the landlord may request a trial date using form UD-150. The tenant may also request a trial date. The case may then proceed to trial unless the parties settle or the case is otherwise resolved.

Can the landlord remove the tenant after filing?

No. Filing the case does not allow the landlord to remove the tenant. The landlord must win the case, obtain a judgment and writ of possession, and use the sheriff process. The landlord cannot lock the tenant out or remove belongings without legal process.

What if the tenant moves out before trial?

If the tenant moves out before trial, the landlord must dismiss the eviction case. If money is still owed, the landlord may be able to file a small claims or civil case. The California Courts explain this on the dismissal page.

Can the tenant raise defenses?

Yes. The tenant can raise defenses in the Answer. Possible defenses may involve the notice, service, timing, payment, cure, Tenant Protection Act, local law, discrimination, retaliation, or other legal issues. The California Courts Self-Help Guide explains tenant defenses.

Bottom Line

To file an unlawful detainer case in California, a landlord must first make sure the eviction notice was correct, properly served, and fully expired. The landlord must also confirm that the tenant did not comply with the notice. If possession is still at issue, the landlord files the required court forms in the proper superior court, usually including SUM-130, UD-100, CM-010, and any required local forms.

After filing, the landlord must have someone else serve the Summons and Complaint on each tenant. The landlord cannot serve the court papers personally. The server must complete proof of service, usually POS-010, and the landlord must file it with the court. The tenant then has a short deadline to respond. If the tenant does not respond, the landlord may ask for default. If the tenant responds, the case may move toward trial.

Filing an unlawful detainer is a formal court process. It is not a shortcut around the tenant’s rights. The landlord must avoid self-help, follow state and local law, serve papers correctly, and prove the case if challenged. The tenant has the right to respond, raise defenses, and appear in court. If the landlord wins, the sheriff enforces the writ of possession. Until then, the landlord cannot physically remove the tenant.

Official California Sources

• California Courts Self-Help Guide: Eviction cases in California
• California Courts Self-Help Guide: The eviction process for landlords
• California Courts Self-Help Guide: Give your tenant notice
• California Courts Self-Help Guide: Types of eviction notices for landlords
• California Courts Self-Help Guide: Deliver the notice
• California Courts Self-Help Guide: Fill out forms to start an eviction case
• California Courts Self-Help Guide: Serve the Summons and Complaint forms
• California Courts Self-Help Guide: Serve eviction papers by substituted service
• California Courts Self-Help Guide: Serve eviction papers by posting and mailing
• California Courts Self-Help Guide: What happens after you serve your tenant
• California Courts Self-Help Guide: Ask for a default judgment
• California Courts Self-Help Guide: What happens if your tenant files a response
• California Courts Self-Help Guide: After the eviction trial decision
• California Courts Self-Help Guide: How to dismiss an eviction case
• California Courts Self-Help Guide: Summons and Complaint in an eviction case
• California Courts Self-Help Guide: Respond to an eviction case
• California Courts Self-Help Guide: Defenses in an eviction case
• California Courts Self-Help Guide: What to expect at an eviction trial
• California Courts Self-Help Guide: Eviction forms
• Judicial Council Form UD-100: Complaint—Unlawful Detainer
• Judicial Council Form UD-105: Answer—Unlawful Detainer
• Judicial Council Form UD-150: Request to Set Case for Trial—Unlawful Detainer
• Judicial Council Form CM-010: Civil Case Cover Sheet
• Judicial Council Form POS-010: Proof of Service of Summons
• California Courts Self-Help Guide: Fee waivers
• California Code of Civil Procedure section 1161
• California Civil Code section 1946.2
• California Civil Rights Department: Housing Discrimination