California Unlawful Detainer (Eviction) Filing Checklist

Court: Superior Court of California, County of [________________________________]

Case Number: [________________________________]

Plaintiff (Landlord): [________________________________]

Defendant (Tenant): [________________________________]

Property Address: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Pre-Filing Requirements

Determine Eviction Type

☐ Non-payment of rent (CCP § 1161(2))
☐ Lease violation/Breach (CCP § 1161(3))
☐ End of lease term (CCP § 1161(1))
☐ Nuisance (CCP § 1161(4))
☐ No-fault eviction (just cause required under Tenant Protection Act)

Just Cause Eviction Requirement (AB 1482)

☐ Property subject to Tenant Protection Act (Civil Code § 1946.2)
☐ Tenant in possession 12+ months
☐ Just cause required: ☐ Yes ☐ No
☐ Just cause type: [________________________________]
☐ Exemptions checked (single-family home, etc.)

Local Rent Control/Just Cause Ordinances

☐ City: [________________________________]
☐ Local ordinance applies: ☐ Yes ☐ No
☐ Local requirements reviewed and satisfied

II. Notice Requirements

3-Day Notice to Pay Rent or Quit (Non-Payment)

☐ Notice served: [__/__/____]
☐ Notice includes:
☐ Amount of rent due
☐ Time period for which rent is due
☐ Name, telephone, and address for payment
☐ Payment methods accepted
☐ Business hours for payment
☐ 3 days expired (excluding date of service, weekends, judicial holidays)
☐ Grace period ended: [__/__/____]

3-Day Notice to Perform or Quit (Lease Violation)

☐ Notice served: [__/__/____]
☐ Notice describes violation specifically
☐ Violation is curable
☐ 3 days expired
☐ Violation not cured

3-Day Notice to Quit (Incurable Breach)

☐ Notice served: [__/__/____]
☐ Notice describes uncurable violation
☐ Grounds: nuisance, illegal activity, waste, etc.
☐ 3 days expired

30/60/90-Day Notice (No-Fault Termination)

☐ 30-day notice: Tenant in possession less than 1 year
☐ 60-day notice: Tenant in possession 1 year or more
☐ 90-day notice: Section 8 tenant
☐ Notice served: [__/__/____]
☐ Notice period expired: [__/__/____]

III. Proof of Service of Notice

Service Methods (CCP § 1162)

☐ Personal service: Handed to tenant
☐ Substituted service: Person of suitable age + mail copy
☐ Posting and mailing: Posted on door + mailed

Declaration of Service

☐ Server is 18+ and not a party
☐ Service date documented
☐ Service method documented
☐ Description of person served (if substituted)

IV. Filing the Complaint

Complaint - Unlawful Detainer (UD-100)

☐ Judicial Council form UD-100 completed
☐ All named defendants included
☐ Property correctly described
☐ Rental agreement terms stated
☐ Type of notice identified
☐ Date notice served
☐ Date notice expired
☐ Damages requested:
☐ Past-due rent: $[________________]
☐ Holdover damages (fair rental value)
☐ Attorney's fees (if lease provides)
☐ Costs

Summons - Unlawful Detainer (SUM-130)

☐ Form SUM-130 completed
☐ All defendants named
☐ Court address included

Additional Documents

☐ Prejudgment Claim of Right to Possession (optional for unknowns)
☐ Civil Case Cover Sheet (CM-010)
☐ Copy of lease agreement
☐ Copy of notice(s) served
☐ Proof of service of notice(s)

V. Filing Fee

UD Filing Fee

☐ Filing fee: Approximately $240-$435 (varies by amount claimed)
☐ Limited civil: $240 (damages $10,000 or less)
☐ Unlimited civil: $435 (damages over $25,000)
☐ Fee paid

VI. Service of Summons and Complaint

Service Requirements

☐ Personal service required initially
☐ Substituted service allowed if personal service fails after reasonable diligence
☐ Process server engaged
☐ Service completed: [__/__/____]

Proof of Service

☐ POS-010: Proof of Service of Summons completed
☐ Filed with court

VII. Defendant Response Time (CCP § 1167 - As Amended by AB 2347)

Response Deadline (Effective January 1, 2025)

☐ 10 court days to respond (excluding weekends and judicial holidays)
☐ Service date: [__/__/____]
☐ Response deadline: [__/__/____]

Defendant Response Options

☐ Answer
☐ Demurrer (hearing within 5-7 days)
☐ Motion to strike (hearing within 5-7 days)
☐ Motion to quash

VIII. Default Judgment Procedures

If No Response Filed

☐ Wait until response deadline passes
☐ UD-105: Request for Entry of Default
☐ Proof of service 3 days before requesting default (AB 2347)
☐ CIV-100: Request for Court Judgment
☐ Declaration supporting damages
☐ Proposed judgment

Clerk's Judgment vs. Court Judgment

☐ Clerk's judgment: If only possession + costs
☐ Court judgment: If money damages sought
☐ Hearing date (if required): [__/__/____]

IX. Contested Case Procedures

If Defendant Answers

☐ Answer deadline passed
☐ Answer filed: [__/__/____]
☐ Request trial date
☐ Trial date: [__/__/____] (typically within 20 days of request)

Pre-Trial

☐ Discovery (limited in UD)
☐ Case Management Statement (if required)
☐ Trial preparation

Trial

☐ Court trial (no jury unless requested)
☐ Present evidence
☐ Witnesses prepared

X. Judgment and Writ of Possession

After Judgment

☐ Judgment entered: [__/__/____]
☐ UD-110: Judgment—Unlawful Detainer

Writ of Possession

☐ EJ-130: Writ of Possession applied for
☐ 5-day stay (unless waived by stipulation or immediate writ)
☐ Writ issued: [__/__/____]
☐ Writ delivered to Sheriff/Marshal

Lockout

☐ Sheriff/Marshal schedules lockout
☐ Lockout date: [__/__/____]
☐ Landlord or agent present at lockout
☐ Possession obtained

XI. Abandoned Property

Tenant's Personal Property

☐ Notice of belief of abandonment (Civil Code § 1983-1984)
☐ Inventory of property
☐ Storage or disposal per statute
☐ 15-day notice (if mailed)
☐ 18-day notice (if value over $700)

XII. Common Defenses to Anticipate

☐ Improper notice
☐ Rent paid
☐ Uninhabitable conditions (breach of warranty)
☐ Retaliatory eviction
☐ Discriminatory eviction
☐ Improper service
☐ COVID-related protections (if applicable)
☐ Local ordinance violations

XIII. Special Considerations

Rent Control/Just Cause Jurisdictions

☐ San Francisco, Los Angeles, Oakland, etc.
☐ Additional notice requirements
☐ Relocation assistance requirements
☐ Rent board filing requirements

COVID-19 Protections (if still applicable)

☐ Check current emergency orders
☐ Check local protections

Section 8 Tenants

☐ 90-day notice required
☐ Notice to housing authority

XIV. Quality Control Checklist

Before Filing

☐ Proper notice served
☐ Notice period expired
☐ Just cause requirements met (if applicable)
☐ Local ordinance requirements met
☐ All forms completed accurately
☐ Filing fee ready

After Filing

☐ Service completed
☐ Response deadline calendared
☐ Trial date requested (if contested)

Before Judgment

☐ All deadlines observed
☐ Evidence prepared
☐ Damages documented

XV. Document Tracking Log

XVI. Key Deadlines

Sources and References

• California Courts Eviction Self-Help: https://selfhelp.courts.ca.gov/eviction
• California Code of Civil Procedure § 1161: https://leginfo.legislature.ca.gov
• AB 2347 (2024): Unlawful detainer response time changes
• Judicial Council UD Forms: https://www.courts.ca.gov/forms.htm

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]