California Unlawful Detainer (Complaint)
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The California Unlawful Detainer complaint is served to the tenant along with the Unlawful Detainer Summons when the tenant has violated the lease agreement.
Document Last Modified: 6/17/2023
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State Specific Clauses
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The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant.
The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction.
In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant 5 days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.
If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees).
When in doubt, it is wise to consult with an attorney.
The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction.
In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant 5 days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.
If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees).
When in doubt, it is wise to consult with an attorney.
In order to continue with the eviction process after giving proper notice to the tenant; each state, county or local court requires official documents to be completed. In California, it’s known as the Unlawful Detainer (Complaint and Summons). Download, fill in, and print this document and take it to the appropriate court with any filing fees if applicable.
Who: This is served on a tenant after the notice period expires and the tenant remains non-compliant.
What: This is the official document used to initiate court proceedings.
When: File this with the appropriate county court, after your tenant has been served with proper notice, has not paid or corrected any violation after the notice period has expired.
Please Note: The Summons and Complaint are served on the tenant personally, by a disinterested third party, usually a licensed process server.
California State Specific Documents
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- California 30-Day Notice to Vacate: This is the form Landlords need to end a month-to-month Lease or a Lease with a tenancy period of less than one year.
- California 60 Day Notice to Vacate - At-Fault Just Cause: The California 60 Day Notice to Vacate At-Fault Just Cause ends a periodic tenancy that is for more than one year and not a rent-controlled jurisdiction.
- California 60-Day Notice to Vacate for Non-Exempt Properties - No-Fault Just Cause Lease Termination: California Landlords can provide Tenants with a 60-day Notice for no-fault just cause evictions, which must inform Tenants of their right to receive relocation assistance.
- California Notification of Pre-Move Out Inspection: California Landlords are required to give Tenants written notification of their right to request a pre-move out inspection. This form makes it EZ to do!
- California 3-Day Notice to Pay or Quit: This form is for Tenants that are behind on rent and a necessary step prior to filing for eviction.
- California 3-Day Notice to Perform or Quit: If you have a Tenant that is breaking the Lease but the violation can be fixed, this is the form you need.
- California Notice to Reclaim Abandoned Property: If a Tenant leaves unclaimed property in a rental unit that appears to be worth more than $700, this form is required.
- California Notice of Belief of Abandonment: If a Tenant has missed at least 14 days of rent and you believe they have abandoned the property, this notice must be sent to Tenants.
- California Unlawful Detainer Complaint: This is the complaint Landlords use to officially initiate eviction proceedings. This can be used when a Tenant has violated the Lease Agreement and been served proper notice.
- California AB 1482 Rent Control & Eviction Exemption Form: California Landlords must provide Tenants with this Notice of Exemption if their property is exempt from the requirements of California AB 1482. California Accessibility and Americans with Disabilities Act: A landlord should include this form in a commercial lease to state whether or not the premises has been inspected by a Certified Access Specialist.
- California Energy Disclosure: Use this form in a commercial lease to confirm that the energy consumption and benchmarking disclosure were provided to the tenant.
- California Flood Disclosure: This form is an easy way for California Landlords to comply with required statewide flood disclosures and to give Tenants all necessary notice of flood risks.
- California AB 1482: The California Tenant Protection Act requires this document, a written disclosure concerning two requirements: 1. Limits on rent increases and 2. a statement of cause in notices to terminate a tenancy.
- California Water Meter Disclosure: California Landlords that charge Tenants separately for water usage or those required to use water submeters must provide Tenants with a Water Meter Disclosure.
- Information on Dampness and Mold for Renters in California: Information on Dampness and Mold for Renters in California
- 15 Day Notice to Pay or Quit: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.
- California Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities: This is the California Guide to Residential Tenants' And Landlords' Rights And Responsibilities.
- California Rental Application: This Rental Application will provide the landlord with the necessary information about the inquiring applicants, excluding the marital status question.
- California Family Daycare Q&A for Landlords: An informative guide for the landlord regarding the requirements needed for a tenant to run a home daycare in a rental property.
- California Non-Residential Building Energy Disclosure Program Information: California Landlords who rent non-residential property must comply with the California Nonresidential Building Energy Use Disclosure Program.
- California Notice of Pest Control Treatment: California Landlords are required to give renters notice any time the Landlord uses pesticides to treat a rental unit. Ours is EZ to customize & download.
- California Quitclaim Deed: This California Quitclaim Deed complies with California's legal requirements and allows owners to transfer their housing ownership to others.
- Declaration of COVID-19-Related Financial Distress: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.