Real Estate Law

Evictions (Unlawful Detainers)

Evictions Picture

When a landlord wants to evict a tenant, he or she must serve the tenant with a three-day notice, thirty-day notice, or ninety-day notice and file an unlawful detainer lawsuit at the local courthouse. If the Judge of the Court finds that the landlord's unlawful detainer complaint has sufficient grounds to evict the tenant, the Judge may order the tenant to leave the property. Thereinafter, the landlord may ask the Sheriff's Department, in his or her respective county, to physically remove the tenant from the property. If the Judge of the Court orders against the landlord's unlawful detainer complaint, the tenant may stay in the property.


When You May Evict a Tenant

In California, a landlord may evict a tenant for the following reasons:

  • The tenant is behind on rent.

  • The tenant uses the property for something illegal.

  • The tenant breaks the lease or rental agreement without repairing the breach.

  • The tenant brings down the value of the property due to excessive waste and damage.

  • The tenant disturbs other tenants or neighbors by being a nuisance when ask to abate.

  • The tenant's lease or rental agreement has expired.

  • The landlord cancels a month-to-month lease or rental agreement with the tenant.

  • The landlord has newly acquired the property and the tenants are under an old lease or rental agreement with the previous owner of the property.

A landlord may only evict a tenant if he or she does not comply with the notice served. It is illegal for a landlord to evict a tenant without filing an unlawful detainer complaint. In addition, if a landlord has not won an unlawful detainer lawsuit, he or she may not remove the tenant, change the locks, cut off utilities, or get rid of any of the tenant's personal property.

Let Us Prepare Your Eviction Documents Today!

If you have any additional questions and would like for us to prepare and file an unlawful detainer complaint or respond to an unlawful detainer complaint, feel free to call us at (888) 335-6258. Trust us, preparing the forms are confusing, so you should seek professional help. Our fee cover the legal document preparation for all court documents up to possession of the property, the initial court filing fee, and in-house process serving. We are professionals with several years of experience. We can assure you that your documents will be typed and prepared in a professional and competent manner. We provide all documents and forms needed so that all you need to do is sign. Plus we offer free consultations!


Below is a list of forms that may be needed to file for an unlawful detainer in California:

  • Request for Entry of Default (CIV-100)
  • Summons-Unlawful Detainer (SUM-130)
  • Answer-Unlawful Detainer (UD-105)
  • Civil Case Cover Sheet (CM-010)
  • Judgment-Unlawful Detainer (UD-110)
  • Judgment-Unlawful Detainer Attachment (UD-110S)
  • Stipulation for Entry of Judgment (Unlawful Detainer) (UD-115)
  • Declaration for Default Judgment by Court (Unlawful Detainer-Code Civ. Proc., ยง 585(d))(UD-116)
  • Attachment to Judicial Council Form (MC-025)
  • Proof of Service of Summons (POS-010)
  • Prejudgment Claim of Right to Possession (CP10.5)
  • Writ of Execution (EJ-130)
  • Complaint - Unlawful Detainer (UD-100)
  • Request/Counter-Request to Set Case for Trial - Unlawful Detainer (UD-150)

The information above has been attorney-approved.
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