Unlawful Detainer / Landlord-Tenant

The State of California provides the Housing Is Key website for tenants and landlords as a resource to assist with navigating the Tenant, Homeowner, and Small Landlord Relief Stabilization Act of 2020.

It is the filer’s responsibility to ensure all requirements and governing authority have been met, to use the most recent Judicial Council forms, and to include all required attachments before submitting documents to the court. Failure to comply with current legislation or to complete or submit required documents may delay processing.

If you prefer documents or conformed copies returned by mail, include a self-addressed stamped envelope (SASE) with proper return postage. Monitor the court’s website for acceptance of UDs for eFiling at appfile.sjcourts.org.

Court staff cannot provide legal guidance or advice. If you need assistance, contact the Self-Help/Pro Per Clinic. Additional resources are available at the bottom of this page.

Under Code of Civil Procedure section 1179.01.5(c), an Unlawful Detainer supplemental cover sheet is required in addition to Judicial Council form CM-010 (Civil Case Cover Sheet). You may submit your own supplemental cover sheet until the Judicial Council of California adopts a form for mandatory use.

Under Code of Civil Procedure section 1161.2.5, any complaint or responding pleading in a case subject to this section must include (on the first page or a cover page) the phrase “ACTION FOR RECOVERY OF COVID-19 RENTAL DEBT AS DEFINED UNDER SECTION 1179.02” in bold, capital letters, in 12-point or larger type.

Effective immediately, the court will:

• File and issue summons for all commercial unlawful detainer complaints.
• File and issue summons for residential unlawful detainer complaints that do not involve nonpayment of rent or other charges (Just Cause).
• Enter default and judgment for possession when no timely answer or responsive pleading was filed and the complaint was not based (in whole or in part) on nonpayment of rent or other charges.

Effective October 5, 2020, the court will begin to:

• File and issue summons for residential unlawful detainer complaints based in whole or in part on nonpayment of rent or other charges, if all requirements under AB 3088 have been met by the filer.
• Enter default in residential unlawful detainer cases seeking possession based in whole or in part on nonpayment of rent or other fees, if all requirements of AB 3088 are met.
• Resume unlawful detainer court trials affected by prior court closures. Notices will be sent to the parties/attorneys at their address on file with the court.

Please note that updates to this information may be ongoing.

Landlords must begin by giving the tenant an appropriate written notice (for example, a 3-day or 30-day notice). If you are unsure which notice is required, consider consulting a legal advisor.

If the tenant has not moved out by the end of the notice period, you may begin the legal process by filing a complaint with the court. Forms are available from the court or at no charge on the California Courts website. You may file papers in person or by mail. When you submit paperwork, you generally need an original and at least two copies, and you must pay the required filing fees. If you cannot afford the fees, you may qualify for a fee waiver.

Service

The clerk will provide endorsed copies of the complaint and an original summons. Tenants must be served with the summons and complaint by someone over 18 who is not a party to the case. You may also use the Sheriff’s Department (a fee may apply). The server must complete a Proof of Service form, which must be filed with the court.

After service, tenants typically have five court days to file a response. If you do not receive a copy by mail, you may check with the court to see whether an answer has been filed. Bring the original completed summons and proof of service when filing.

If the tenants do not file a response

If no timely answer or motion to quash is filed, you must file a Request to Enter Default, a clerk’s Judgment for Possession, and a Writ of Possession. Forms are available from the clerk’s office or the California Courts website. After filing, you will receive documents to take to the Sheriff’s Department to complete the eviction. You cannot evict tenants yourself.

Please note: Requests for clerk default judgment for possession are not processed at the counter. Documents must be left with the clerk for processing. Check with the branch where you file for availability/pickup timing.

If the tenants do file a response

Defendants may file an answer or other motions. If an answer is filed, you must file the original proof of service and a Memorandum to Set Case for Trial. The Proof of Service address must match the address listed on the answer. The court will mail notice of the trial date once scheduled (often within about one week).

The landlord begins the eviction process by giving you a written notice (often a 3-day or 30-day notice, depending on the reason). If you are unsure whether the notice is appropriate, consider consulting a legal advisor. If you do not move out by the end of the notice period, the landlord may file a complaint with the court.

Service

After filing, you will be served with the summons and complaint, usually by a process server or deputy sheriff. The landlord cannot serve you personally. If you are unsure whether you were properly served, seek legal advice.

After you are served, you usually have five court days to file a response (such as an answer). Forms are available from California Courts. Missing the deadline can lead to a default judgment and the eviction may proceed quickly.

If you do not file a response

If you do not respond in time, the landlord may request default, obtain a judgment for possession, and request a writ of possession. The landlord then takes the writ to the Sheriff’s Department to complete the eviction. The landlord cannot evict you personally.

If you do file a response

You may file an answer yourself or seek legal advice about the appropriate response. Forms are available from California Courts. After an answer is filed, additional paperwork is filed and a trial date is set. The court will mail notice of the trial date once scheduled.

Preparing for your trial

You should gather information related to your case, which may include:

• An original lease or rental agreement.
• Letters you wrote or received about the property.
• Receipts.
• Inspection reports from a building inspector or health department.
• Photographs.
• Police reports.
• Any other documents you believe support your position.

Bring three copies of each document: one for the judicial officer, one for the other party, and one for yourself.

Organize your paperwork before court so you can quickly find what you need. You may want to write notes for yourself so you do not forget important points.

The court does not provide interpreters for this type of case. If you need an interpreter, you must bring one. A family member or friend may serve as your interpreter.

The court can assist hearing-impaired persons. Requests must be made three days before your court date. Sign language interpreters and assistive listening devices may be available. Tell the clerk what assistance you need when you receive notice of the trial or hearing date.

For small claims actions, unlawful detainer cases, civil harassment restraining orders, and other evidentiary hearings, parties must appear in person unless the party or attorney requests and receives express written authorization to appear remotely by the judicial officer who will hear the matter.

1. A party may request to appear remotely by filing and serving Notice of Remote Appearance (RA-010) with the court no later than 5 court days before the hearing.
2. Any party may file and serve Opposition to Remote Proceedings (RA-015) no later than 3 court days before the hearing.
3. A party must deliver a copy of any written notice or opposition to the department in which the proceeding will be held.

Dress appropriately and maintain good hygiene. Do not bring food or drinks into the courtroom. Do not chew gum and do not read or sleep in court. Plan to arrive a few minutes early. Multiple cases may be set for the same time, so you may need to wait for your turn.

The judge sits on the bench (a raised platform). The courtroom clerk assists the judge and administers oaths. A deputy sheriff (bailiff) is responsible for courtroom order.

The clerk will call the calendar to see who is present. When the judge enters, the bailiff will announce the start of court and the judge presiding.

When your case is called, go to the front of the railing and sit at the table. The judge typically asks the landlord to speak first, then the tenant. Speak clearly and only when asked. Address the judge as “Your Honor.” Do not approach the bench to hand paperwork directly to the judge; the bailiff or clerk will collect exhibits and provide them to the judge.

Speak to the judge, not the other party. Do not interrupt the judge or the other party. Keep your voice calm and avoid name-calling or obscenities. When you finish, you may say, “Thank you, Your Honor,” and sit down.

The judge often announces a decision at the end of trial. If you do not understand what was said, you may ask the judge to clarify. Sometimes the judge takes the case under submission; the court will mail a written decision to the parties once issued.

Post-trial procedures

The clerk’s office does not prepare the judgment. The prevailing party must prepare the judgment and submit it to the court for signature. The clerk prepares the Notice of Entry of Judgment only when the prevailing party is self-represented. The landlord must prepare the Writ of Possession. Forms are available from California Courts. Required fees must be paid when submitting paperwork. After signature, documents are returned to the landlord and mailed to the tenant.

After receiving signed documents, the landlord takes copies of the Writ of Possession to the Sheriff’s Department. A deputy will notify the tenants that they have five days to vacate. Even with a court order, the landlord cannot personally evict the tenants.

If tenants do not move out within the five-day period, the Sheriff removes the tenants and changes the locks.

• California Courts — forms and general court information.
• National Housing Law Project
• Department of Fair Employment and Housing — materials related to California fair housing laws.
• Department of Housing and Urban Development (HUD) — fair housing and equal opportunity information.