Verified Complaint for Unlawful Detainer (California — Residential)

VERIFIED COMPLAINT FOR UNLAWFUL DETAINER

(Cal. Code Civ. Proc. §§ 1161 et seq.)

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Description of Premises and Tenancy
4. Background Facts
5. Notice and Compliance Allegations
6. Cause of Action — Unlawful Detainer (Non-Payment of Rent)
7. Cause of Action — Unlawful Detainer (Breach / Holdover / Just Cause)
8. Damages
9. Prayer for Relief
10. Verification
11. Signature Block
12. Service of Summons and Complaint
13. California Practice Notes
14. Sources and References

1. CAPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [COUNTY NAME]

[☐ LIMITED CIVIL JURISDICTION (damages claimed ≤ $35,000)] [☐ UNLIMITED CIVIL JURISDICTION (damages claimed > $35,000)]

Case No.: [________________________________]

VERIFIED COMPLAINT FOR UNLAWFUL DETAINER

☐ Action is for Possession Only
☐ Action is for Possession and Past-Due Rent / Damages
☐ Action is subject to the Tenant Protection Act of 2019 (Civ. Code § 1946.2)
☐ Property is exempt from § 1946.2 (exemption stated below)

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and was at all relevant times, the [☐ owner / ☐ lessor / ☐ assignee of the original lessor / ☐ agent of the owner authorized to bring this action] of the real property described below.

2.2. Defendant [TENANT 1 NAME] ("Defendant Tenant") is, and was at all relevant times, an occupant of the real property described below pursuant to a rental agreement with Plaintiff (or Plaintiff's predecessor in interest).

2.3. Defendant [TENANT 2 NAME] is, and was at all relevant times, an occupant of the real property described below.

2.4. The true names and capacities of Defendants sued herein as DOES 1 through 10, inclusive, are unknown to Plaintiff. Plaintiff is informed and believes that each of the fictitiously named Defendants is responsible in some manner for the matters alleged herein. When the true identities and capacities of these Defendants are ascertained, Plaintiff will amend this Complaint to identify them.

2.5. Jurisdiction. This Court has subject-matter jurisdiction under Cal. Code Civ. Proc. §§ 85 and 86(a)(4) (limited civil, when applicable), § 88 (unlimited civil, when applicable), and § 1161 et seq. (unlawful detainer).

2.6. Venue. Venue is proper in this County because the real property that is the subject of this action is located in this County, pursuant to Cal. Code Civ. Proc. § 392(a)(1).

2.7. Amount in controversy. The damages claimed, exclusive of interest and costs, are $[__________]. (☐ Damages claimed do not exceed $35,000 — limited civil; ☐ Damages claimed exceed $35,000 — unlimited civil.)

3. DESCRIPTION OF PREMISES AND TENANCY

3.1. The real property that is the subject of this action is commonly known and described as: [STREET ADDRESS], [UNIT/APT, IF ANY], [CITY], California [ZIP CODE] (the "Premises").

3.2. On or about [__/__/____], Plaintiff (or Plaintiff's predecessor in interest), as landlord, and Defendant Tenant, as tenant, entered into a [☐ written / ☐ oral] rental agreement (the "Lease") for the Premises, at a monthly rent of $[__________], payable in advance on the [__] day of each month. A true and correct copy of the written Lease is attached hereto as Exhibit 1 and incorporated by reference. [OR: The Lease was oral, and Plaintiff is unable to attach a copy. The substance of the oral agreement is alleged at ¶ 3.3 below.]

3.3. The Lease provided for: (a) monthly rent of $[__________]; (b) payment due on the [__] day of each month; (c) [other material terms — pets, occupants, attorneys'-fees clause, etc.].

3.4. AB 1482 status. Plaintiff alleges that the Premises are [☐ subject to / ☐ exempt from] the Tenant Protection Act of 2019, Cal. Civ. Code § 1946.2.

☐ Subject. Defendant Tenant has continuously and lawfully occupied the Premises for [__] months (12 months or more), and the Premises are not exempt under § 1946.2(e).

☐ Exempt. The Premises are exempt under Civ. Code § 1946.2(e), specifically: [CITE EXEMPTION — e.g., § 1946.2(e)(8) (separately alienable dwelling, qualifying ownership and statutory exemption notice) / § 1946.2(e)(7) (certificate of occupancy issued in last 15 years) / § 1946.2(e)(6) (qualifying owner-occupied duplex)]. [For a claimed § 1946.2(e)(8) exemption only: state how and when the notice prescribed by § 1946.2(e)(8)(B)(i) was provided, and attach it if available: __________.]

3.5. Local rent control / just-cause status. The Premises [☐ are / ☐ are not] subject to a local rent-control or just-cause ordinance. [If applicable: identify ordinance — e.g., "Los Angeles Just Cause Ordinance, L.A. Mun. Code § 165," "San Francisco Rent Ordinance, S.F. Admin. Code Chapter 37," "Oakland Just Cause Ordinance, O.M.C. § 8.22.300."]

3.6. CARES Act status. The Premises [☐ are / ☐ are not] a "covered property" under 15 U.S.C. § 9058 (federally backed mortgage or covered federal housing program). [If covered: a 30-day notice to vacate was served as required.]

4. BACKGROUND FACTS

4.1. [Allege the specific tenancy facts and the events giving rise to the breach. Each paragraph should state a single discrete fact.]

4.2. Defendant Tenant entered into possession of the Premises on or about [__/__/____].

4.3. [Describe the conduct constituting the basis for termination — e.g., "Beginning on [date], Defendant Tenant failed to pay the monthly rent of $[amount]."]

4.4. [Allege further factual support for each element of the cause of action.]

5. NOTICE AND COMPLIANCE ALLEGATIONS

5.1. On [__/__/____], Plaintiff caused a [☐ Three-Day Notice to Pay Rent or Quit (CCP § 1161(2)) / ☐ Three-Day Notice to Perform Covenants or Quit (CCP § 1161(3)) / ☐ Three-Day Notice to Quit (CCP § 1161(4)) / ☐ 30-Day or 60-Day Notice of Termination (Civ. Code § 1946.1) / ☐ 90-Day Notice (federal program / foreclosure)] (the "Notice") to be served on Defendant Tenant. A true and correct copy of the Notice is attached as Exhibit 2 and incorporated by reference.

5.2. The Notice was served on Defendant Tenant on [__/__/____] by [☐ personal delivery (CCP § 1162(a)(1)) / ☐ substituted service plus first-class mail (CCP § 1162(a)(2)) / ☐ posting plus first-class mail (CCP § 1162(a)(3)) / ☐ certified mail (Civ. Code § 1946 alternative)]. A true and correct copy of the proof of service is attached as Exhibit 3 and incorporated by reference.

5.3. [For § 1946.2(c) curable breaches: On [__/__/____], Plaintiff caused a separate Notice to Cure (Three-Day Notice to Perform Covenants) to be served on Defendant Tenant. Defendant Tenant failed to cure within three days excluding Saturdays, Sundays, and judicial holidays, after which Plaintiff served the Three-Day Notice to Quit attached as Exhibit 2. Both notices are attached and incorporated. ]

5.4. [For AB-1482-covered no-fault terminations: Plaintiff has complied with the relocation-assistance requirement of Civ. Code § 1946.2(d) by [☐ paying Defendant Tenant $[amount] within 15 days of service / ☐ waiving Defendant Tenant's final month's rent in writing]. ]

5.5. The notice period required by the cited statute has expired. Defendant Tenant has not [☐ paid the rent demanded / ☐ cured the breach / ☐ vacated the Premises].

5.6. Defendant Tenant continues to occupy the Premises without Plaintiff's consent and against Plaintiff's will.

5.7. [For local rent control / just cause: Plaintiff has complied with all applicable provisions of [CITY ORDINANCE], including [☐ filing the notice with the local rent board on [date] / ☐ obtaining the required registration / ☐ paying the local relocation amount of $[amount]]. ]

6. CAUSE OF ACTION — UNLAWFUL DETAINER (Non-Payment of Rent)

[Use this cause of action when filing under CCP § 1161(2). Otherwise omit.]

6.1. Plaintiff incorporates ¶¶ 1.1 – 5.7 as though fully set forth herein.

6.2. As of [__/__/____] (the date of service of the Notice), Defendant Tenant was in default on rent in the total amount of $[__________], representing rent due for the period from [__/__/____] through [__/__/____]. All rent demanded fell due within ONE (1) YEAR before service of the Notice (CCP § 1161(2)).

6.3. The Notice complied in form and content with CCP § 1161(2) and demanded only rent (no late fees, NSF charges, or non-rent items). It made clear when the three-day cure period expired after service and the exclusion of weekends and judicial holidays, identified where and how rent could be paid, and unequivocally warned that Plaintiff would recover possession if Defendant did not timely pay. See Eshagian v. Cepeda, B340941 (Cal. Ct. App. June 26, 2025).

6.4. Three (3) days, excluding Saturdays, Sundays, and judicial holidays, have elapsed since service of the Notice (per AB 2343, Stats. 2018, Ch. 260, operative Sept. 1, 2019).

6.5. Defendant Tenant has not paid the rent demanded and has not vacated the Premises.

6.6. The reasonable rental value of the Premises is $[__________] per day, accruing daily as holdover damages from [__/__/____] until possession is restored to Plaintiff.

7. CAUSE OF ACTION — UNLAWFUL DETAINER (Breach / Holdover / Just Cause)

[Use this cause of action for CCP § 1161(1), (3), (4) or for § 1946.1 / § 1946.2 just-cause termination. Otherwise omit.]

7.1. Plaintiff incorporates ¶¶ 1.1 – 5.7 as though fully set forth herein.

7.2. [Allege the specific lease breach OR the just-cause ground.] Defendant Tenant has breached the Lease in the following manner: [describe — e.g., maintaining unauthorized occupants in violation of ¶ X; keeping a pet in violation of ¶ Y; using the Premises for a non-residential purpose in violation of ¶ Z].

7.3. [For AB-1482-covered tenancies, allege just cause:] The basis for termination is [☐ at-fault just cause under Civ. Code § 1946.2(b)(1)(__) / ☐ no-fault just cause under § 1946.2(b)(2)(__)], specifically: [describe].

7.4. Plaintiff served the Notice required by the applicable statute, and the notice period has expired.

7.5. Defendant Tenant has not cured the breach (where cure was offered) and has not vacated the Premises.

7.6. Defendant Tenant continues to occupy the Premises without Plaintiff's consent.

7.7. The reasonable rental value of the Premises is $[__________] per day, accruing daily as holdover damages from [__/__/____] until possession is restored to Plaintiff.

8. DAMAGES

8.1. Plaintiff has been damaged by Defendant Tenant's continued unlawful possession of the Premises in the following amounts:

(a) Past-due rent: $[__________];

(b) Holdover damages at the reasonable rental value of $[____] per day from [__/__/____] through the date of judgment;

(c) Costs of suit, including filing fee, service fee, and statutory costs;

(d) Attorneys' fees pursuant to Lease ¶ [__] and Cal. Civ. Code § 1717, in the amount of $[__________] or as proven at trial;

(e) Statutory damages under CCP § 1174(b) of up to $600, in addition to actual damages, if Defendant Tenant's continued possession is found to be malicious.

8.2. Plaintiff demands judgment for all of the foregoing.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

A. For restitution and possession of the Premises;

B. For past-due rent in the amount of $[__________];

C. For holdover damages at the daily reasonable rental value of $[____] per day from [__/__/____] until possession is restored;

D. For forfeiture of the Lease;

E. For costs of suit;

F. For attorneys' fees, where authorized by Lease and Cal. Civ. Code § 1717;

G. For statutory damages of up to $600, in addition to actual damages, pursuant to Cal. Code Civ. Proc. § 1174(b), if Defendant's continued possession is found to be malicious;

H. For such other and further relief as the Court deems just and proper.

Dated: [__/__/____]

[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY NAME] (State Bar No. [______])
[FIRM NAME]
[ADDRESS]
[CITY, CA ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for Plaintiff [PLAINTIFF NAME]

10. VERIFICATION

(Cal. Code Civ. Proc. § 446)

I, [VERIFIER FULL NAME], declare:

1. I am the [☐ Plaintiff / ☐ owner of the Premises / ☐ authorized agent of Plaintiff / ☐ officer/managing member of Plaintiff entity] in the foregoing action.

2. I have read the foregoing VERIFIED COMPLAINT FOR UNLAWFUL DETAINER and know its contents.

3. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], California.

[________________________________]
[PRINTED NAME OF VERIFIER]
Signature

11. SIGNATURE BLOCK

Dated: [__/__/____]

[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY OF RECORD NAME] (State Bar No. [______])
Attorneys for Plaintiff [PLAINTIFF NAME]

12. SERVICE OF SUMMONS AND COMPLAINT

After filing, arrange lawful initial service of the issued summons and complaint on each Defendant. Use personal service under CCP § 415.10, substituted service with the required follow-up mailing under § 415.20, or posting and certified mailing under § 415.45 after a court order and the required showing of diligence. Follow the applicable statute for any other authorized method. The server should complete and file Judicial Council POS-010, Proof of Service of Summons, for each Defendant, identifying the documents and method actually used. A complaint author's certificate under CCP § 1013a does not replace proof of initial service. Electronic service under § 1010.6 is not a default initial-service option.

13. CALIFORNIA PRACTICE NOTES

1. Complaint and cover sheets. Judicial Council Form UD-100 (Rev. July 1, 2026) is an optional complaint form. A verified pleading may be used instead. File and serve mandatory UD-101 in every unlawful detainer action, and file Civil Case Cover Sheet CM-010 with the first paper.

2. Mandatory exhibits (CCP § 1166). For residential UDs, attach the written rental agreement (Exhibit 1) and termination notice(s) on which the complaint relies (Exhibit 2); state how each notice was served, using the Judicial Council complaint fields or a proof of service (Exhibit 3). The lease-attachment exception applies to an oral agreement, a written agreement outside the possession of the landlord and its agents or employees, or an action solely for nonpayment under CCP § 1161(2). Current UD-100 item 6f provides checkboxes for the latter two written-agreement exceptions; allege the actual reason.

3. AB 2347 — 10-day answer (CCP § 1167, eff. Jan. 1, 2025). Defendants now have 10 days, excluding Saturdays, Sundays, and judicial holidays, to file an answer (or demurrer/motion to strike). This doubled the prior 5-day deadline. Section 1167(b) adds five court days for service by mail or in person through the Secretary of State's address confidentiality program. For ordinary substituted service under § 415.20(b), service is complete on the tenth day after the required mailing; count the § 1167(a) response period from completed service.

4. Two-notice sequence under § 1946.2(c). For a curable lease breach in a tenancy covered by this section, first serve a notice specifying the violation and opportunity to cure under CCP § 1161(3). If the tenant does not cure within that notice period, a separate three-day notice to quit without a further cure opportunity may then be served. Plead and attach the notices on which the termination relies, as required by CCP § 1166.

5. Just-cause pleading. For AB-1482-covered no-fault terminations, the complaint must plead (a) which § 1946.2(b)(2) ground is invoked, (b) compliance with relocation assistance under § 1946.2(d), and (c) for substantial-remodel claims under § 1946.2(b)(2)(D), the allegations must include description of work, permit attachment, expected completion, and re-rental offer. SB 567 (eff. April 1, 2024) tightened these requirements substantially.

6. CCP § 1161.2 access limits. Access is restricted at filing, but parties, certain residents, and a person who gives the clerk a plaintiff and defendant name plus the premises address may access the limited civil case record under § 1161.2(a)(1). Wider access may open after 60 days if judgment against all defendants entered for the plaintiff within that period. A plaintiff's judgment after trial more than 60 days after filing can also trigger a court access order. Residential post-foreclosure cases under § 1161a and pandemic-era nonpayment filings have special rules. Do not describe the record as automatically public or permanently masked in every case.

7. Possession after foreclosure and forcible possession distinguished. Section 1161a supplies an unlawful-detainer route for qualifying occupants after a completed foreclosure sale even without a landlord-tenant relationship. Forcible entry or detainer under §§ 1159–1160 depends on the acts specified there, including force, threats, or the unlawful entry and refusal described in § 1160(a)(2); lack of a tenancy alone does not establish forcible possession.

8. Limited vs. unlimited civil. Under CCP § 86(a)(4), a forcible or unlawful detainer proceeding is a limited civil case if the whole amount of damages claimed is $35,000 or less. Confirm the classification from the damages actually pleaded.

9. Service of summons in UD actions (CCP § 415.45). Post-and-mail service of the summons and complaint requires a court order on a noticed motion (or ex parte application) supported by a declaration of due diligence. This is distinct from CCP § 1162 service of pre-suit notices, which does not require a court order for post-and-mail.

10. E-filing required. Most superior courts require electronic filing under Cal. Rules of Court, rule 2.253 and local rule. Verify county-specific rules; LA, SF, San Diego, Santa Clara, Alameda, Orange, Sacramento, Riverside, San Bernardino, and Contra Costa all require e-filing.

11. Set for trial within 20 days (CCP § 1170.5). Once a UD case is at issue (answer filed), the court must set trial within 20 days of the request unless extended for good cause. Plaintiff should file a Memorandum to Set or Request for Trial Setting promptly after the answer.

12. Default judgment. If defendant fails to answer within the applicable response period, plaintiff may file Request for Entry of Default (CIV-100) and Judgment-Unlawful Detainer (UD-110), and seek a Writ of Possession/Execution (EJ-130) for sheriff enforcement. Check the current court forms and applicable service rules before requesting default.

13. COVID-era claims. AB 3088 (2020) established the COVID-19 tenant relief framework. If the dispute concerns rent from that period, check the law applicable to the rent dates and the current pleading requirements before using this form. The current official code archive does not list former CCP § 1179.01 et seq. as operative sections.

14. Local just-cause ordinance pleading. When a local just-cause ordinance applies, the complaint must plead compliance with the local ordinance (e.g., LA Just Cause requires registration with HCIDLA; SF requires filing the notice with the Rent Board within 10 days of service). Failure to plead compliance is a defense.

14. SOURCES AND REFERENCES

• California Code of Civil Procedure § 1161 (grounds for UD): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1161.&lawCode=CCP
• California Code of Civil Procedure § 1166 (complaint contents): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1166.&lawCode=CCP
• California Code of Civil Procedure § 1167 (10-day answer; AB 2347): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1167.&lawCode=CCP
• California Code of Civil Procedure § 1161.2 (UD masking): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1161.2.&lawCode=CCP
• California Code of Civil Procedure § 1170 (answer/demurrer): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1170.&lawCode=CCP
• California Code of Civil Procedure § 1174 (judgment for possession): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1174.&lawCode=CCP
• California Code of Civil Procedure § 86(a)(4) (limited civil threshold): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=86.
• California Code of Civil Procedure § 415.45 (post-and-mail summons in UD): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=415.45.&lawCode=CCP
• California Civil Code § 1946.2 (Tenant Protection Act, as amended by AB 1529): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.2.&lawCode=CIV
• California Civil Code § 1947.12 (statewide rent cap): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1947.12.&lawCode=CIV
• AB 2347 (2024) — extended response deadline: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2347
• AB 2343 (2018) — three-business-day notice computation: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2343
• SB 567 (2023) — TPA amendments: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB567
• Judicial Council Form UD-100 (Complaint—Unlawful Detainer; Rev. July 1, 2026): https://courts.ca.gov/sites/default/files/courts/default/2024-11/ud100.pdf
• Judicial Council Form POS-010 (Proof of Service of Summons): https://courts.ca.gov/sites/default/files/courts/default/2024-11/pos010.pdf
• Judicial Council Form UD-100 self-help page: https://selfhelp.courts.ca.gov/jcc-form/UD-100
• California Courts self-help — eviction overview: https://selfhelp.courts.ca.gov/eviction-landlord
• California Courts self-help — default forms CIV-100, UD-110, and EJ-130: https://selfhelp.courts.ca.gov/eviction-landlord/default
• 15 U.S.C. § 9058 (CARES Act 30-day notice): https://www.govinfo.gov/app/details/USCODE-2022-title15/USCODE-2022-title15-chap116-sec9058

END OF COMPLAINT