Eviction Notice and Unlawful Detainer Complaint Package — California

CALIFORNIA EVICTION NOTICE AND UNLAWFUL DETAINER COMPLAINT PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Pre-Litigation Notice to Quit
3. Part B — Proof of Service of Notice
4. Part C — Verified Complaint for Unlawful Detainer
5. Part D — Verification
6. Part E — Demand for Jury Trial
7. Part F — Prejudgment Claim of Right to Possession
8. California Practice Notes
9. Sources and References

1. PACKAGE OVERVIEW

This package contains the pre-litigation Notice to Quit and the Verified Complaint for Unlawful Detainer used to recover possession of residential or commercial real property in California pursuant to Code of Civil Procedure §§ 1161 et seq. Landlord must serve the applicable Notice, allow the statutory cure or quit period to lapse, and then file the Complaint together with Judicial Council Form UD-100 (and UD-101 if the property is subject to the Tenant Protection Act).

2. PART A — PRE-LITIGATION NOTICE TO QUIT

[CHECK ONE — select the notice type that fits the ground for eviction]

• ☐ 3-DAY NOTICE TO PAY RENT OR QUIT (CCP § 1161(2)) — nonpayment of rent
• ☐ 3-DAY NOTICE TO PERFORM COVENANT OR QUIT (CCP § 1161(3)) — curable lease breach
• ☐ 3-DAY NOTICE TO QUIT (Unconditional) (CCP § 1161(4)) — nuisance, waste, illegal use, or unlawful subletting
• ☐ 30-DAY NOTICE TO TERMINATE TENANCY (Civ. Code § 1946) — tenant in possession less than 1 year (non-AB 1482)
• ☐ 60-DAY NOTICE TO TERMINATE TENANCY (Civ. Code § 1946.1) — tenant in possession 1 year or more
• ☐ JUST-CAUSE NOTICE under AB 1482 (Civ. Code § 1946.2) — at-fault or no-fault ground stated

NOTICE TO [TENANT(S) FULL LEGAL NAME(S)] AND ALL OTHER OCCUPANTS IN POSSESSION

Rental Premises: [________________________________], [CITY], California [____] (the "Premises")

Date of Service: [__/__/____]

Landlord / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone: [________________________________]

Days and Hours for In-Person Payment: [________________________________]

IF 3-DAY NOTICE TO PAY RENT OR QUIT (CCP § 1161(2))

YOU ARE HEREBY NOTIFIED that the rent for the Premises, more particularly described above, is delinquent in the amount of $[____] for the rental period(s) of [__/__/____] through [__/__/____], itemized as follows:

This amount represents past-due rent only and does not include late fees, returned-check fees, utility charges, or other non-rent charges.

WITHIN THREE (3) DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND JUDICIAL HOLIDAYS, after service of this Notice on you, you are required to either:

1. PAY the full amount of $[____] to the Landlord (or designated agent) at the address listed above, in person between the hours of [____] and [____] on [DAYS OF WEEK], or by U.S. Mail to the same address; OR
2. DELIVER UP POSSESSION of the Premises to the Landlord.

The 3-day period commences on [__/__/____] (the day after service) and expires at 11:59 p.m. on [__/__/____].

IF YOU FAIL TO PAY THE AMOUNT DEMANDED OR DELIVER UP POSSESSION within the 3-day period, the Landlord will institute legal proceedings against you to recover possession of the Premises, declare a forfeiture of your rental agreement, and recover past-due rent, damages, costs, and attorney's fees as permitted by law (CCP §§ 1161, 1174).

IF 3-DAY NOTICE TO PERFORM COVENANT OR QUIT (CCP § 1161(3))

YOU ARE HEREBY NOTIFIED that you are in violation of the following covenant(s) or condition(s) of your rental agreement:

[________________________________]

[________________________________]

WITHIN THREE (3) DAYS (excluding Saturdays, Sundays, and judicial holidays) after service of this Notice, you are required to either cure the above violation(s) OR deliver up possession of the Premises to the Landlord.

Failure to cure or vacate within the 3-day period will result in the Landlord declaring a forfeiture of the rental agreement and filing an action for unlawful detainer.

IF JUST-CAUSE NOTICE under TENANT PROTECTION ACT (Civ. Code § 1946.2)

This property is subject to the Tenant Protection Act of 2019. Landlord asserts the following just cause for termination:

• ☐ At-fault cause — [DESCRIBE]: [________________________________]
• ☐ No-fault cause — [SELECT]:
• ☐ Intent to occupy by owner / owner's spouse, domestic partner, child, grandchild, parent, or grandparent
• ☐ Withdrawal of the property from the rental market
• ☐ Compliance with government order to vacate
• ☐ Intent to demolish or substantially remodel the unit

For no-fault terminations, Landlord shall pay relocation assistance equal to one (1) month's rent ($[____]) within fifteen (15) calendar days of service of this Notice, OR waive in writing the final month's rent, per Civ. Code § 1946.2(d).

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

[________________________________]

[LANDLORD / AGENT NAME]

[TITLE / CAPACITY]

3. PART B — PROOF OF SERVICE OF NOTICE

I, the undersigned, declare under penalty of perjury under the laws of the State of California:

1. I am over the age of 18 years and not a party to this action.
2. On [__/__/____] at approximately [____] [a.m./p.m.], I served the foregoing Notice on [TENANT NAME] in the following manner (CCP § 1162):

• ☐ Personal service — by handing the Notice to the tenant at the Premises.
• ☐ Substituted service — by leaving a copy with a person of suitable age and discretion at the Premises AND mailing a copy by first-class mail to the tenant at the Premises.
• ☐ Post-and-mail — by posting a copy in a conspicuous place at the Premises (no person of suitable age being found) AND mailing a copy by first-class mail to the tenant at the Premises.

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

[________________________________]

[SERVER NAME], Declarant

4. PART C — VERIFIED COMPLAINT FOR UNLAWFUL DETAINER

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY]

[LIMITED CIVIL / UNLIMITED CIVIL] — UNLAWFUL DETAINER

Case No.: [________________________________]

VERIFIED COMPLAINT FOR UNLAWFUL DETAINER

(Amount demanded: [☐ does not exceed $10,000 / ☐ exceeds $10,000 but does not exceed $35,000 / ☐ exceeds $35,000])

Plaintiff alleges:

1. PARTIES AND PROPERTY

1.1. Plaintiff [LANDLORD NAME] is, and at all relevant times has been, the owner, landlord, or duly authorized agent of the real property located at [ADDRESS], [CITY], [COUNTY] County, California [ZIP] (the "Premises").

1.2. Defendant(s) [TENANT NAME(S)] entered into possession of the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] at a monthly rent of $[____], payable in advance on the [____] day of each month.

1.3. The fair rental value of the Premises is $[____] per day.

2. JURISDICTION AND VENUE

2.1. Venue is proper in this Court because the Premises are situated within [COUNTY] County, California (CCP §§ 392, 1166).

2.2. This Court has subject-matter jurisdiction under CCP §§ 86, 1161, and 1166.

3. NOTICE AND DEFAULT

3.1. Defendant(s) defaulted under the rental agreement by [☐ failing to pay rent / ☐ violating the following covenant: ____________ / ☐ committing nuisance, waste, or illegal use / ☐ holding over after expiration of term].

3.2. On [__/__/____], Plaintiff caused to be served upon Defendant(s) a [3-Day / 30-Day / 60-Day] Notice [to Pay Rent or Quit / to Perform Covenant or Quit / to Quit / to Terminate Tenancy], a true and correct copy of which is attached hereto as Exhibit "A" and incorporated by reference.

3.3. The Notice was served in accordance with CCP § 1162 by [☐ personal service / ☐ substituted service / ☐ post-and-mail]. The Proof of Service is attached as Exhibit "B".

3.4. More than [3 / 30 / 60] days have elapsed since service of the Notice, and Defendant(s) have failed to [pay the rent demanded / cure the violation / quit and deliver up possession].

4. FORFEITURE AND CONTINUED POSSESSION

4.1. By reason of Defendant(s)' failure to comply with the Notice, the rental agreement is forfeited, and Defendant(s)' continued occupancy of the Premises is wrongful and constitutes unlawful detainer within the meaning of CCP § 1161.

5. AB 1482 / LOCAL ORDINANCE COMPLIANCE (if applicable)

5.1. The Premises [☐ is / ☐ is not] subject to Civ. Code § 1946.2 (Tenant Protection Act of 2019).

5.2. If subject, Plaintiff has fully complied with the just-cause and (where applicable) relocation-assistance requirements of § 1946.2(d), and has filed Judicial Council Form UD-101.

5.3. The Premises [☐ is / ☐ is not] subject to a local rent-control or just-cause ordinance, namely: [ORDINANCE NAME].

6. DAMAGES

6.1. Plaintiff has been damaged by Defendant(s)' unlawful detention of the Premises and is entitled to recover:

• Past-due rent in the amount of $[____];
• Holdover damages at the daily fair rental value of $[____] per day from [__/__/____] through entry of judgment, pursuant to CCP §§ 1161, 1174;
• Statutory damages of up to $600.00 per CCP § 1174(b) where the unlawful detainer is found to be malicious;
• Costs of suit; and
• Reasonable attorney's fees pursuant to [the rental agreement / Civ. Code § 1717].

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant(s) as follows:

• A. For restitution and possession of the Premises;
• B. For forfeiture of the rental agreement;
• C. For past-due rent of $[____];
• D. For holdover damages at $[____] per day from [__/__/____] to entry of judgment;
• E. For costs of suit incurred herein;
• F. For reasonable attorney's fees;
• G. For statutory damages of $600.00 under CCP § 1174(b) if Defendant(s)' detention is found to be malicious; and
• H. For such other and further relief as the Court deems just and proper.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], State Bar No. [####]

Attorney for Plaintiff

[ADDRESS]

Telephone: [NUMBER]

Email: [EMAIL]

5. PART D — VERIFICATION

I, [LANDLORD NAME], am the Plaintiff in the above-entitled action. I have read the foregoing Complaint and know the contents thereof. The matters stated therein are true of my own knowledge, except as to those matters stated upon 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.

[________________________________]

[LANDLORD NAME], Plaintiff

6. PART E — DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable pursuant to CCP § 631 and Article I, § 16 of the California Constitution.

7. PART F — PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

Plaintiff requests that the Court issue a Prejudgment Claim of Right to Possession (Judicial Council Form CP10.5) so that any unnamed occupant of the Premises is bound by the judgment in this action, pursuant to CCP § 415.46.

8. CALIFORNIA PRACTICE NOTES

• Strict construction. Notices to quit are strictly construed against the landlord. Levitz Furniture Co. v. Wingtip Communications, Inc., 86 Cal. App. 4th 1035 (2001); Foster v. Williams, 229 Cal. App. 4th Supp. 9 (2014). Demanding even $1 more than what is owed, or including non-rent charges, can void the notice.
• 3-day window. Saturdays, Sundays, and judicial holidays are excluded from the count (CCP § 1161(2)). Day 1 is the day after service.
• 5-day summons response. Defendants have 5 court days (excluding the day of service) to file an Answer (CCP § 1167). UD cases are entitled to a "preferential" trial setting within 20 days of the at-issue memo (CCP § 1170.5).
• Tenant Protection Act (AB 1482). Applies to most residential tenancies in possession ≥ 12 months. Requires just cause AND, for no-fault terminations, relocation assistance equal to one month's rent or waiver of the final month's rent. Excludes single-family homes (if owner is not a REIT/corporation) and units built within last 15 years.
• Rent cap (AB 1482). Statewide cap is CPI + 5%, not to exceed 10% in any 12-month period (Civ. Code § 1947.12).
• Local rent-control / just-cause ordinances. Los Angeles RSO, San Francisco Rent Ordinance, Oakland JCO, Berkeley, Santa Monica, West Hollywood, and others impose ADDITIONAL just-cause requirements. Many require pre-eviction filings with the rent board and disclosure of allowable grounds in the notice.
• COVID-era debt. Although the statewide eviction moratorium has expired, COVID-19 Rental Debt (CRD) accrued between 3/1/2020 and 9/30/2021 cannot be the basis for an unlawful detainer (CCP § 1179.10 et seq.); it must be pursued in small claims or civil court.
• Section 8 / federally subsidized. A 30-day notice (or longer per HUD) is required for federally subsidized tenancies, and the notice must state the reason for termination.
• Mandatory forms. Use Judicial Council Forms UD-100 (Complaint), UD-101 (Cover Sheet — Just Cause under AB 1482), UD-105 (Answer — provided to tenant), UD-110 (Judgment), and CP10.5 (Prejudgment Claim of Right to Possession).
• Sealing records. UD records are masked from public view for 60 days post-filing (CCP § 1161.2) and may be permanently sealed if defendant prevails or the case is dismissed.

9. SOURCES AND REFERENCES

• California Code of Civil Procedure §§ 1161–1179 — https://leginfo.legislature.ca.gov/
• Cal. Civ. Code § 1946.2 (Tenant Protection Act / AB 1482)
• Judicial Council of California — Unlawful Detainer Forms — https://www.courts.ca.gov/1049.htm
• California Courts Self-Help: Eviction — https://selfhelp.courts.ca.gov/eviction
• Levitz Furniture Co. v. Wingtip Communications, Inc., 86 Cal. App. 4th 1035 (2001)
• Foster v. Williams, 229 Cal. App. 4th Supp. 9 (2014)
• Cepeda v. Eshagian (Cal. Ct. App. 2024) (notice content requirements)
• Local rent ordinances: Los Angeles Municipal Code § 151.00 et seq.; San Francisco Admin. Code Ch. 37; Oakland Municipal Code Ch. 8.22

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in California must review and customize this document before service or filing. Local rent-control and just-cause ordinances impose additional requirements. Defective notices are the leading cause of UD dismissal; verify all authorities and forms before use.