What Documents Does a Landlord Need to File an Eviction Case in California?

To file an eviction case in California, a landlord needs court forms, the eviction notice, proof that the notice was served, and documents that support the reason for eviction. The court case is called an unlawful detainer. It is the formal lawsuit a landlord files when the tenant does not move out, pay, cure a lease violation, or otherwise do what a valid eviction notice required by the deadline.

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

But the court forms are only part of the file. A landlord should also have the rental agreement, the eviction notice, proof of service of the notice, rent ledger if the case is about rent, payment records, evidence of lease violations if the case is about conduct, and documents showing compliance with California’s Tenant Protection Act or local tenant protection rules if those laws apply. The landlord should gather these documents before filing because the court, the tenant, or the judge may later ask whether the eviction was legally proper.

An eviction case is not started simply because the landlord wants the tenant to leave. The landlord usually must first give a written notice. The California Courts Self-Help Guide explains that before a landlord takes legal action to evict, the landlord must give the tenant written notice. If the tenant does not do what the notice says by the deadline, the landlord may start an eviction case. The landlord should therefore be ready to show that the correct notice was given, that it was served correctly, that the deadline passed, and that the tenant did not comply.

This article explains the documents a landlord should prepare before filing a California eviction case. It covers required Judicial Council forms, local court forms, notices, service records, lease documents, rent records, evidence, fee documents, and documents needed after filing. It also explains common mistakes landlords make when filing without the right paperwork.

Basic Document Checklist

Before filing an eviction case, a California landlord should usually gather the following documents:

• Summons—Unlawful Detainer—Eviction, form SUM-130.
• Complaint—Unlawful Detainer, form UD-100.
• Civil Case Cover Sheet, form CM-010.
• Any required local court form, such as Certificate of Counsel if required by the court.
• The eviction notice served on the tenant.
• Proof of service of the eviction notice.
• The lease or rental agreement, if there is one.
• Rent ledger and payment history, if the case involves unpaid rent.
• Evidence of lease violations, nuisance, waste, illegal activity, or other grounds, if the case is not only about rent.
• Documents showing compliance with the Tenant Protection Act, if applicable.
• Documents showing compliance with local city or county tenant protection rules, if applicable.
• Relocation assistance or rent-waiver proof, if the case involves a no-fault termination requiring it.
• Proof of ownership, agency, or authority to act, if there may be a dispute.
• Prejudgment Claim of Right to Possession, form CP10.5, if unknown adult occupants may live in the unit.
• Filing fee payment or fee waiver forms, if requesting a fee waiver.

Not every case requires every document. A simple nonpayment case may need different evidence than a nuisance case or owner move-in case. The landlord should match the documents to the legal reason for eviction. The main rule is simple: every fact the landlord needs to prove should be supported by a document, witness, record, or other evidence.

Document 1: Summons—Unlawful Detainer—Eviction, Form SUM-130

The Summons—Unlawful Detainer—Eviction, form SUM-130, is one of the core documents used to start an eviction case. It tells the tenant that a court case has been filed and that the tenant must respond by a deadline. The tenant-facing California Courts page explains that if a tenant gets a Summons, it means the landlord started a court case asking a judge to order the tenant to move out. That explanation appears on the California Courts Self-Help Guide page about the Summons and Complaint.

The Summons is important because it gives formal notice of the lawsuit. The earlier eviction notice told the tenant what the landlord wanted before filing. The Summons tells the tenant that the landlord has now filed in court. After the Summons and Complaint are served, the tenant has a limited time to respond.

The landlord must not serve the Summons and Complaint personally. The California Courts Self-Help Guide explains that after filing eviction forms, the landlord must have someone else serve the Summons and Complaint on each tenant. The server must complete proof of service, usually Judicial Council form POS-010.

The landlord should complete the Summons carefully. Names should match the Complaint. The property address should be correct. The court name and address should be accurate. Mistakes in the Summons can delay service, confuse the tenant, or create a dispute later.

Document 2: Complaint—Unlawful Detainer, Form UD-100

The Complaint—Unlawful Detainer, form UD-100, is the main pleading in a California eviction case. It tells the court and the tenant why the landlord claims the tenant should be evicted. The official California Courts form page for Judicial Council form UD-100 says this form starts an eviction case and tells the tenant all the issues the landlord wants to include in a judgment against them.

The Complaint is where the landlord identifies the parties, the property, the rental agreement, the notice, the reason for eviction, the rent or damages requested, and other important facts. A landlord should not treat it as a routine form. The Complaint must match the notice and the evidence. If the notice was for unpaid rent, the Complaint should match the rent claim. If the notice was based on a lease violation, the Complaint should match the violation stated in the notice. If the landlord claims just cause, the Complaint should be consistent with the just-cause basis.

The landlord should review each section before filing. Common mistakes include listing the wrong tenant name, using the wrong property address, misstating the rent, attaching or relying on the wrong notice, claiming charges that were not in the notice, or filing before the notice deadline expired.

The Complaint should also match the landlord’s actual legal theory. For example, if the landlord served a 3-day notice to pay rent or quit, the case is a nonpayment case. If the landlord served a 3-day notice to quit based on nuisance, the landlord should be ready to prove the nuisance. If the landlord served a 60-day notice for a no-fault reason, the landlord should be ready to prove the termination complied with state and local law.

Document 3: Civil Case Cover Sheet, Form CM-010

The Civil Case Cover Sheet, form CM-010, gives the court basic information about the type of civil case being filed. The California Courts landlord filing guide lists CM-010 as one of the forms used to start an eviction case. The official form information is available through Judicial Council form CM-010.

This form helps the court classify the case. The landlord should complete it accurately and identify the case as an unlawful detainer. A mistake on the cover sheet may not always destroy the case, but it can create filing problems or delay if the clerk rejects the filing.

Some courts may use electronic filing systems that guide the filer through case category selection. Even then, the landlord should understand that the case type matters. Filing under the wrong category can cause confusion, incorrect fees, or procedural problems.

Document 4: Local Court Forms

Some California superior courts require additional local forms. 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 landlords and tenants should check with the court clerk or local court website.

The California Courts landlord filing page says some courts require a local form called Certificate of Counsel. This is one example of why landlords should check the local superior court before filing. A filing may be rejected or delayed if a required local form is missing.

Local forms may vary by county. A large county may have local unlawful detainer cover sheets, alternative dispute resolution notices, mandatory settlement information, local fee forms, or other documents. Some courts may require e-filing. Some may require local procedural forms for self-represented parties. The landlord should not assume that the statewide Judicial Council forms are the entire filing package.

Tenants should also pay attention to local forms attached to the Complaint. Local forms may explain local procedures, response options, or court programs. Ignoring local forms can cause a tenant to miss important information.

Document 5: The Eviction Notice

The eviction notice is one of the most important documents in the case. The landlord should have a complete copy of the exact notice served on the tenant. The California Courts Self-Help Guide explains that a landlord must usually give written notice before starting an eviction case. The notice tells the tenant what the issue is and what deadline applies.

Different notices are used for different reasons. The California Courts Self-Help Guide explains common notices, including 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, and a 90-day notice to quit.

The notice should match the case. If the landlord files a nonpayment case, the notice should be a valid rent notice. If the landlord files based on a lease violation, the notice should describe the lease violation. If the landlord files based on a no-cure serious violation, the notice should state the serious reason. If the landlord files based on a month-to-month termination, the notice should provide the correct 30-day or 60-day period and any required just-cause information.

A landlord should keep the original notice if possible, plus copies. If the notice was posted and mailed, the landlord should keep a copy of the notice that was posted and proof that another copy was mailed. If the notice was hand delivered, the landlord should keep the copy served and proof of delivery. The court may later review the notice closely.

Document 6: Proof of Service of the Eviction Notice

The landlord should have written proof showing how and when the eviction notice was served. The California Courts Self-Help Guide explains that someone who is at least 18 years old must deliver the notice. The notice may be hand delivered, left with another adult and mailed, or posted and mailed. The same page recommends that the person who delivered the notice write down the name of the notice, how and when it was served, and sign under penalty of perjury under California law.

Proof of service matters because the landlord must show that the tenant received the required legal notice and that the notice period expired before the case was filed. If the tenant argues that the notice was never served, was served late, was posted on the wrong door, or was not mailed when mailing was required, the proof of service becomes critical.

A strong proof of service should include:

• The name of the person who served the notice.
• A statement that the server was at least 18 years old.
• The tenant’s name.
• The rental property address.
• The title of the notice served.
• The date and time of service.
• The method of service.
• If hand delivered, who received it.
• If left with another adult, the name or description of that adult.
• If posted, the exact location where it was posted.
• If mailed, the mailing date and address.
• The server’s signature under penalty of perjury.

The landlord should complete this record immediately after service, not weeks later. A proof of service created at the time of service is more reliable. If the landlord used posting and mailing or leaving with another adult and mailing, the landlord should also keep proof of mailing.

Document 7: Lease or Rental Agreement

The landlord should gather the written lease or rental agreement, if there is one. The lease helps prove the tenancy, rent amount, lease terms, names of tenants, occupancy rules, payment obligations, late fee provisions, pet rules, smoking rules, quiet hours, parking rules, and other obligations.

If the eviction is based on unpaid rent, the lease may prove the rent amount and due date. If the eviction is based on a lease violation, the lease may prove the rule the tenant allegedly violated. If the eviction involves unauthorized occupants, pets, parking, smoking, or use of the property, the lease language may be central.

If there is no written lease, the landlord should gather other documents proving the rental relationship. These may include rent receipts, text messages, emails, payment records, move-in documents, rental applications, or written communications. A month-to-month tenancy may exist even without a written lease, but the landlord still needs evidence of the tenancy terms.

The landlord should make sure the lease is complete. That means all pages, addenda, house rules, pet agreements, parking agreements, rent increase notices, and renewal documents should be included. A missing addendum can create problems if the landlord relies on a rule contained in that addendum.

Document 8: Rent Ledger and Payment History

If the eviction is based on nonpayment of rent, the landlord needs a clear rent ledger and payment history. A rent ledger should show the rent due, dates due, payments received, balances, and the period covered. It should be easy to understand.

The rent ledger must match the 3-day notice to pay rent or quit. The California Courts Self-Help Guide explains that a 3-day notice to pay rent or quit must include exactly how much rent is owed and cannot include other money such as late fees, interest, utilities, or damages. If the ledger includes late fees or utilities, the landlord should separate those from rent and not include improper amounts in the rent demand.

Common rent documents include:

• Rent ledger.
• Payment receipts.
• Bank deposit records.
• Online payment records.
• Money order copies.
• Returned payment notices.
• Rent increase notices.
• Lease provisions showing rent amount and due date.
• Communications about partial payments or payment plans.

If the tenant offered payment and the landlord refused, that may become an issue. If the landlord accepted rent after the notice expired, that may also become an issue. The California Courts Self-Help Guide explains that tenants may raise defenses involving rent payment, attempted payment, and rent accepted after a notice expired.

Document 9: Evidence of Lease Violations

If the eviction is based on a lease violation, the landlord needs documents and evidence showing the violation. A 3-day notice to perform covenants or quit is used when the tenant violated the rental agreement but can fix the problem. The California Courts Self-Help Guide gives examples such as removing a pet, stopping noise, or following another lease rule.

The landlord should have the lease term and evidence showing the tenant violated it. For example, if the case involves an unauthorized pet, the landlord should have the no-pet lease term and evidence of the pet. If the case involves unauthorized occupants, the landlord should have the occupancy rule and evidence that another person moved in. If the case involves smoking, the landlord should have the no-smoking rule and evidence of smoking.

Useful evidence may include:

• Photos.
• Videos.
• Written complaints.
• Inspection notes.
• Emails or text messages.
• Witness statements.
• Security reports.
• Police or agency reports if relevant.
• Prior warning letters.
• Proof that the tenant did not cure the violation.

The evidence should match the notice. If the notice says unauthorized pet, the evidence should show the pet. If the notice says noise, the evidence should show noise problems. If the notice says common-area storage, the evidence should show the items and location.

Document 10: Evidence for a 3-Day Notice to Quit

A 3-day notice to quit is used for serious problems where the landlord is not giving the tenant a chance to fix the issue. The California Courts Self-Help Guide gives examples such as nuisance, illegal activity, health or safety risks, major damage called waste, or moving in other people without permission when the rental agreement prohibits it.

If the landlord files based on a 3-day notice to quit, the landlord should be ready with strong evidence. This notice does not give the tenant a cure option, so courts may look closely at whether the facts justify it. The landlord should not rely on vague claims or unsupported accusations.

For nuisance, evidence may include neighbor complaints, incident reports, police reports, photos, videos, security records, or witness statements. For illegal activity, evidence may include police reports, agency reports, witness statements, or other records. For waste, evidence may include photos, videos, repair estimates, contractor reports, inspection reports, and before-and-after condition records. For health or safety risks, evidence may include fire department reports, code enforcement documents, photos, videos, or expert repair information.

The legal basis for unlawful detainer includes serious grounds such as nuisance, waste, and unlawful use. These concepts appear in California Code of Civil Procedure section 1161. The landlord should make sure the facts fit the claimed legal ground.

Document 11: 30-Day or 60-Day Notice Documents

If the landlord is filing after a 30-day or 60-day notice, the landlord should gather documents showing the tenant’s length of occupancy, the notice period, the reason for termination if required, and compliance with relocation or rent-waiver rules if applicable.

The California Courts Self-Help Guide explains that a 30-day notice is generally used if the tenant has rented for less than 1 year, while a 60-day notice is generally used if the tenant has rented for 1 year or more. If the Tenant Protection Act applies and the tenant has lived in the home more than 1 year, the 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 gather:

• The 30-day or 60-day notice.
• Proof of service of that notice.
• The lease or rental records showing move-in date.
• Documents supporting the just-cause reason, if required.
• Relocation assistance payment proof, if required.
• Rent-waiver documentation, if used instead of payment.
• Local-law compliance documents.

A generic 60-day notice may not be enough if just cause is required. The landlord should be ready to show why the tenancy could legally be terminated.

Document 12: Tenant Protection Act Documents

California’s Tenant Protection Act may require just cause before a landlord can terminate many residential tenancies. The law is found in California Civil Code section 1946.2. If the law applies, the landlord should prepare documents showing compliance before filing.

Important Tenant Protection Act documents may include:

• Documents showing the tenant’s move-in date.
• The lease and any renewals.
• The notice stating just cause.
• Documents showing whether the reason is at-fault or no-fault.
• Evidence supporting the just-cause reason.
• Proof of relocation assistance or rent waiver for no-fault termination, if required.
• Proof that the tenant was given a chance to cure when required.
• Documents supporting any claimed exemption, if the landlord claims the property is exempt.

The California Courts tenant defense page explains that if a tenant is protected by the Tenant Protection Act and the landlord did not give a required chance to fix a lease violation before giving a 3-day notice to quit, the tenant may have a defense. That defense information is available on the California Courts Self-Help Guide.

If the landlord claims the property is exempt from the Tenant Protection Act, the landlord should be ready to prove that exemption and show any required notice of exemption. Exemptions can be technical, and local law may still apply even when a statewide exemption exists.

Document 13: Local Law Compliance Documents

Some California cities and counties have stronger tenant protections than state law. The California Courts Self-Help Guide warns landlords to check local rules because some cities have stronger tenant protections. Local rules may affect what documents the landlord needs.

Local law may require:

• Special notice language.
• A local just-cause reason.
• Registration with a rent board or housing department.
• Filing a copy of the notice with a city agency.
• Relocation assistance.
• Proof of payment of relocation assistance.
• Specific forms for owner move-in or substantial remodel.
• Permits or construction documents for substantial remodel.
• Tenant anti-harassment compliance documents.

A landlord should check the local court and local city or county rules before filing. A notice that complies with statewide law may still be defective if local law requires more. Tenants should also review local law because local violations may create defenses.

Document 14: Proof of Ownership or Authority

In many cases, ownership or authority is not disputed. But landlords should still be prepared. The Complaint asks for information about the plaintiff, and the landlord should be able to show the right to bring the case. If the property is owned by an entity, trust, or multiple owners, the landlord should make sure the correct plaintiff is named.

Useful documents may include:

• Grant deed or ownership record.
• Property management agreement.
• Authorization for agent to act.
• Trust or entity authorization, if relevant.
• Lease showing landlord or manager identity.

Some landlords use property managers to serve notices and handle filings. A property manager may be allowed to act in some ways, but legal representation rules can be complex. If the plaintiff is an entity, the landlord should check whether an attorney is required for certain court appearances or filings. The California State Bar provides general public information about finding legal help through its official Need Legal Help page.

Document 15: Prejudgment Claim of Right to Possession, Form CP10.5

If unknown adults may be living in the rental home, the landlord may need to think about the 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 matters because adults not named in the case may claim they have a right to live in the property. If the landlord does not handle unknown occupants properly, enforcement of the judgment may become more difficult. The form gives unknown occupants a chance to identify themselves and participate in the case.

The landlord should decide whether CP10.5 is needed before service of the Summons and Complaint. If used, it must be served correctly with the court papers. The landlord should keep copies and proof of service.

Document 16: Fee Payment or Fee Waiver Forms

When filing the eviction forms, the landlord usually must pay a filing fee. The California Courts Self-Help Guide explains that once the forms are filled out, the next step is to file them with the court and pay a filing fee. The page says the fee is usually between $240 and $450, depending on how much money the landlord is asking for in the case.

If the landlord cannot afford the filing fee, the landlord may ask for a fee waiver. The California Courts provide fee waiver information on the official California Courts fee waiver page. A person may qualify if they receive public benefits, their income is below a set amount, or they cannot afford the fee and still meet basic needs.

A landlord requesting a fee waiver should prepare the required fee waiver forms and financial information before filing. If the fee waiver is denied, the landlord may need to pay the filing fee for the case to proceed.

Documents Needed After Filing

After filing, the landlord needs documents for service and next steps. The filing package is not the end of the process. The tenant must be served with the Summons and Complaint, and the landlord must file proof of service.

After filing, the landlord commonly needs:

• File-stamped Summons and Complaint.
• Copies of all filed forms for each tenant.
• Copies for the server.
• Proof of Service of Summons, form POS-010.
• Declaration of attempts if using substituted service or requesting posting and mailing.
• Application for posting and mailing if personal or substituted service fails and court permission is needed.
• Request for default documents if the tenant does not respond.
• Request to Set Case for Trial, form UD-150, if the tenant responds.

The California Courts Self-Help Guide explains that after filing, the landlord must have someone else serve the Summons and Complaint on every tenant. The server must complete POS-010, and the landlord should file it with the court.

If the tenant responds, the landlord may need Judicial Council form UD-150 to request a trial date. The California Courts form page explains that UD-150 is used to ask for a trial date in an eviction case when the tenant filed an Answer.

Documents Needed if the Tenant Does Not Respond

If the tenant does not file a response by the deadline, the landlord may ask for 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 paperwork may include a request for entry of default, judgment forms, and documents supporting possession and any money request. The landlord should check current Judicial Council forms and local court requirements. The landlord should also confirm that each tenant was properly served and that the response deadline has passed.

The response 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 default judgment page provides more detail about personal service, substituted service, and posting and mailing.

A landlord should not request default too early. Doing so can cause delay or rejection. The landlord should count carefully and make sure proof of service has been filed.

Documents Needed if the Tenant Responds

If the tenant files an Answer, the landlord will need trial preparation documents. The tenant’s Answer is commonly filed on Judicial Council form UD-105. The official form page says UD-105 lets the tenant tell the court and landlord their responses to the Complaint and things they want to ask for in the eviction case.

If the tenant responds, either side may request trial. The landlord may use Judicial Council form UD-150. The California Courts Self-Help Guide explains that if the tenant files an Answer, the landlord must request a trial date using UD-150.

For trial, the landlord should organize:

• Complaint and filed forms.
• Summons and proof of service.
• Eviction notice and proof of service.
• Lease and addenda.
• Rent ledger and payment records.
• Photos, videos, and inspection records.
• Witness list.
• Copies of communications.
• Tenant Protection Act compliance documents.
• Local-law compliance documents.
• Relocation assistance or rent-waiver proof.

The tenant may raise defenses. The California Courts Self-Help Guide explains that tenants can raise defenses based on notice problems, Tenant Protection Act issues, local rules, payment, repair issues, and other legal grounds. The landlord should prepare documents that address likely defenses.

Documents for Sheriff Lockout After Judgment

If the landlord wins, the landlord may need documents to obtain and enforce a writ of possession. The California Courts Self-Help Guide explains that if the landlord wins, the judge gives the landlord a Writ of Possession, which tells the sheriff to evict the tenant. The sheriff then posts a Notice to Vacate.

The California Courts Self-Help Guide explains what happens after the trial decision. If the tenant does not move after the sheriff’s Notice to Vacate, the sheriff can remove the tenant and lock the tenant out.

Documents after judgment may include the judgment, writ of possession, sheriff instructions, and any required local sheriff forms. The landlord should contact the sheriff’s civil division for local process details. The landlord should not personally remove the tenant, change locks, or remove belongings before the sheriff lawfully completes the process.

Common Filing Mistakes

The first common mistake is filing without the required court forms. A landlord needs SUM-130, UD-100, CM-010, and required local forms. Missing forms can cause rejection or delay.

The second mistake is filing without a valid notice. If the notice is wrong, the case may fail. The landlord should review the notice before filing.

The third mistake is filing without proof of service of the notice. The landlord must be able to show the tenant received the notice properly.

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

The fifth mistake is demanding the wrong rent amount. A 3-day rent notice cannot include late fees, utilities, interest, damages, or other non-rent charges.

The sixth mistake is ignoring the Tenant Protection Act. If just cause is required, the landlord must show compliance.

The seventh mistake is ignoring local law. Some cities and counties require more than state law.

The eighth mistake is failing to serve the Summons and Complaint correctly after filing. The landlord cannot serve those court papers personally, and every tenant must be served.

Practical Filing Checklist for Landlords

• 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 correctly.
• Confirm the notice deadline fully expired.
• Confirm the tenant did not pay, cure, or move out.
• Prepare SUM-130.
• Prepare UD-100.
• Prepare CM-010.
• Prepare any required local court forms.
• Gather the eviction notice.
• Gather proof of service of the notice.
• Gather lease or rental agreement.
• Gather rent ledger and payment records if rent is involved.
• Gather evidence of lease violations if conduct is involved.
• Gather Tenant Protection Act documents if applicable.
• Gather local-law compliance documents if applicable.
• Prepare CP10.5 if unknown adult occupants may be present.
• Prepare filing fee or fee waiver request.
• File in the correct superior court.
• Have someone else serve every tenant after filing.
• File POS-010 after service.

Practical Checklist for Tenants Reviewing the Landlord’s Documents

• Check whether the Complaint names the correct parties.
• Check whether the property address is correct.
• Check whether the landlord attached or identified the correct notice.
• Check whether the notice type matches the landlord’s reason.
• Check whether the notice was served correctly.
• Check whether the notice deadline expired before filing.
• Check whether rent demanded includes improper charges.
• Check whether the tenant paid or tried to pay.
• Check whether the tenant cured the alleged violation.
• Check whether the Tenant Protection Act applies.
• Check whether local tenant protections apply.
• Check whether the Summons and Complaint were served correctly.
• File a response by the deadline if contesting the case.

Frequently Asked Questions

What are the main forms a landlord needs to start an eviction case?

The main forms are SUM-130, UD-100, CM-010, and any required local forms. The California Courts Self-Help Guide says these are the forms used to start an eviction case, with a local Certificate of Counsel required in some courts.

Does the landlord need the eviction notice?

Yes. The landlord should have a copy of the exact eviction notice served on the tenant. The notice is the foundation of the case. The landlord should also have proof that the notice was served correctly.

Does the landlord need a lease?

If there is a written lease, yes. The lease helps prove the tenancy, rent amount, due date, and lease rules. If there is no written lease, the landlord should gather other proof of the rental relationship, such as payment records, messages, rent receipts, or move-in documents.

Does the landlord need a rent ledger?

Yes, if the case is about unpaid rent. The ledger should show rent due, payments received, and the balance. The rent demand must not include late fees, utilities, interest, damages, or other non-rent charges in a 3-day notice to pay rent or quit.

Does the landlord need proof of service?

Yes. The landlord should have proof of service of the original eviction notice and, after filing, proof of service of the Summons and Complaint. The court-paper proof is usually POS-010.

Does the landlord need local court forms?

Sometimes. California Courts explain that all courts use the same basic eviction forms, but some courts have extra local forms. The landlord should check the local superior court website before filing.

Does the landlord need Tenant Protection Act documents?

Yes, if the Tenant Protection Act applies or may apply. The landlord should be ready to show just cause, required notice language, relocation assistance or rent waiver if required, and any claimed exemption.

Does the landlord need evidence before filing?

Yes. The landlord should gather evidence before filing. If the tenant responds, the case may go to trial. The landlord will need to prove the legal basis for eviction.

Can the landlord file without serving a notice first?

Usually no. California Courts explain that the eviction process usually starts with written notice. If the tenant does not do what the notice says by the deadline, the landlord may file an unlawful detainer case.

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 landlord cannot serve those court papers personally.

Bottom Line

To file an eviction case in California, a landlord needs more than a complaint form. The landlord should prepare the required court forms, including SUM-130, UD-100, CM-010, and any local forms. The landlord also needs the eviction notice, proof of service of that notice, the lease or rental agreement, rent ledger if rent is involved, evidence supporting the reason for eviction, and documents showing compliance with the Tenant Protection Act and local rules if they apply.

After filing, the landlord must have someone else serve the Summons and Complaint on every tenant and then file proof of service, usually POS-010. If the tenant does not respond, the landlord may ask for default. If the tenant responds, the landlord may need to request a trial date using UD-150 and present evidence at trial.

The strongest eviction filing is organized before it is filed. The landlord should be able to prove the notice, service, deadline, noncompliance, rent or lease violation, and legal right to possession. A missing or defective document can delay the case or cause dismissal. For tenants, reviewing the landlord’s documents carefully can reveal defenses based on notice problems, service defects, wrong rent amounts, Tenant Protection Act violations, local-law violations, discrimination, retaliation, or other issues.

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: File the eviction forms
• 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: 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
• State Bar of California: Need Legal Help
• California Code of Civil Procedure section 1161
• California Civil Code section 1946.2
• California Civil Rights Department: Housing Discrimination