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. Certificate of Service
13. California Practice Notes
14. Sources and References

1. CAPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [COUNTY NAME]

[☐ LIMITED CIVIL JURISDICTION (≤ $10,000)] [☐ UNLIMITED CIVIL JURISDICTION (> $10,000)]

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 (limited civil) / 86 (unlimited civil) 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 amount in controversy, exclusive of interest and costs, is $[__________]. (☐ Demand does not exceed $10,000 — limited civil; ☐ Demand exceeds $10,000 — 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)(B)(i) (single-family home owned by natural person, exemption notice given) / § 1946.2(e)(7) (certificate of occupancy issued in last 15 years) / § 1946.2(e)(4) (duplex with owner-occupied unit)]. The required 12-point-type exemption notice under Civ. Code § 1947.12(d)(5) was provided to Defendant Tenant on [__/__/____].

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 (UD-100, Item 7p as of Jan. 1, 2026). 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).

6.4. Three (3) days, excluding Saturdays, Sundays, and judicial holidays, have elapsed since service of the Notice (per AB 2343, Stats. 2018, Ch. 845, 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) Late fees, where contractually authorized and not included in the Notice: $[__________];

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

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

(f) Statutory damages under CCP § 1174(b) of up to TREBLE the amount of damages, where 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 treble 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. CERTIFICATE OF SERVICE

(Cal. Code Civ. Proc. § 1013a; Cal. Rules of Court, rule 1.21)

I, [NAME], declare:

I am over the age of 18 years and not a party to this action. My business address is [ADDRESS].

On [__/__/____], I served the foregoing VERIFIED COMPLAINT FOR UNLAWFUL DETAINER on the parties listed below in the manner indicated:

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]
Signature

13. CALIFORNIA PRACTICE NOTES

1. Use UD-100 in routine cases. The Judicial Council Form UD-100 (effective Jan. 1, 2026; OPTIONAL form) is the standard pleading. Most courts and clerks expect it. Use this narrative complaint only for cases that exceed the form's pleading capacity. The 2026 revision added items addressing CARES Act applicability and Health & Safety Code § 50897.3(e)(2) state-housing-program disclosures.

2. Mandatory exhibits (CCP § 1166). For residential UDs, the complaint must attach: (a) the written rental agreement (Exhibit 1), (b) the notice(s) served (Exhibit 2), and (c) the proof of service. UD-100 item 6f permits omission of the lease only when the tenant is not a signatory and the lease cannot be obtained.

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. Add 5 court days when service is by mail or via the Secretary of State's address-confidentiality program.

4. Two-notice rule under § 1946.2(c). For curable lease breaches in AB-1482-covered tenancies, the plaintiff must allege AND attach BOTH the cure notice and the subsequent quit notice. Failure to attach both is a fatal pleading defect curable only by amendment.

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 masking. The clerk's office holds the file from public view for 60 days. If the plaintiff prevails on the merits within 60 days, the file becomes public; otherwise it remains permanently masked. This affects tenant-screening reporting timelines.

7. Forcible entry and detainer distinguished. UD under § 1161 requires a landlord-tenant relationship. If a person is in possession without a tenancy (squatter, post-foreclosure occupant), a forcible entry/detainer action under CCP §§ 1159, 1160 may be the proper vehicle.

8. Limited vs. unlimited civil. Most residential UDs are limited civil (≤ $10,000). For commercial UDs or claims combining UD with breach-of-contract for substantial back rent, use unlimited civil. Note that the Judicial Council form is identical for both; the cover sheet (CM-010) and case-classification field differ.

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 10-business-day window, plaintiff may file Request to Enter Default (CIV-100) and Judgment-Unlawful Detainer (UD-110), and obtain a Writ of Possession (CIV-100) for sheriff's lockout. The lockout is performed by the sheriff after a 5-day notice to vacate posted by the sheriff (CCP § 715.010).

13. COVID-era residual. AB 832 / AB 2179 / SB 91 created the COVID-19 Tenant Relief Act (CCP § 1179.01 et seq.) governing rent that came due March 1, 2020 – September 30, 2021. Some procedural protections and pre-suit declaration requirements remain. Verify whether any portion of the rent demanded falls within the protected window; if so, additional pleading (e.g., declaration that ERAP application was made or that compensation was received and applied) may be required.

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 § 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 SB 567): 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; eff. Jan. 1, 2026): https://courts.ca.gov/sites/default/files/courts/default/2024-11/ud100.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
• 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