(Instructions to
the Plaintiff)
Unlawful Detainers
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Before the landlord can bring court action to evict the tenant(s), the
tenant(s) must have been properly (officially) served with a 3-day
Notice to Quit or 30-day/60-day Notice to Terminate Tenancy,
and failed to obey the notice. Forms are available at any large
stationery store or can be prepared by an attorney:
-
3-day Notice to Quit (tenant is behind in the rent or has broken rental
agreement)
-
30-day Notice to Terminate Tenancy (tenant has not broken the lease and
lived on the property under a year)
-
60-day Notice to terminate Tenancy (tenant has not broken the lease and
lived on the property over a year)
You can go the Clerk's office at any of the
locations within Kings County and pick up a packet of the forms necessary
to complete the Unlawful Detainer or you can click on the Form Number
highlighted in blue from the table
below. If you chose to obtain the forms from the table below, you can fill
them out online, print them out, but you cannot save them.
|
Form Number |
Form Name |
|
CM-10 |
Civil case Cover Sheet (2 Pages) |
|
982.1(90) |
Complaint - Unlawful Detainer (3 Pages) |
|
SUM-130 |
Summons - Unlawful Detainer (2 Pages, includes
Proof of Service) |
|
CP-10.5 |
Prejudgment Right of Claim to Possession (2
Pages) |
|
982.1(95) |
Answer - Unlawful Detainer (2 Pages) Leave
this form blank - it will be served on the defendant. |
|
982(a)(6) |
Request for Entry of Default (2 Pages) |
|
UD-110 |
Judgment - Unlawful Detainer (2 Pages) |
|
UD-116 |
Declaration for Default Judgment by Court (3
Pages) |
|
EJ-130 |
Writ of Execution (2 Pages) |
|
FGN-23 |
At Issue Memorandum (2 Pages, includes Proof of
Service) |
The forms
can be typed or completed in blue or black ink,
neatly and clearly.
Make Copies of These Forms:
The Court will keep the
original. Make enough copies to keep one and to serve each of the
Defendants. For example, if there are three defendants named, you would
need (1) original and (4) copies of the following:
-
Form 982.1 (90), Complaint
- Unlawful Detainer (3 Pages)
-
Form 982 (a) (11), Summons
- Unlawful Detainer (2 Pages, includes Proof of Service)
-
Form CP10.5, Prejudgment
Right of Claim to Possession (2 Pages)
-
Form 982.1 (95), Answer -
Unlawful Detainer (2 Pages) Leave this form blank - it will be
served to the defendant(s).
Submit Forms & Filing Fees
to the Clerk:
-
Submit to the Clerk the
original Civil case Coversheet, Complaint, and Summons and the correct
number of copies, (1) for you, and (1) for each defendant named.
-
The Clerk will stamp blank
Answer and Prejudgment forms with case number and return.
-
The Clerk will keep the
original Coversheet and Complaint and will return the conformed copies to
you.
-
The Clerk will issue the
original Summons and will return it to you.
-
You will then be asked to pay
the Court's filing fee (which can be paid by cash or check).
Serve These Forms to the
Defendant:
Serve the Defendant with a
stamped "Endorsed-Filed" copy of each of the following forms:
-
Form 982.1 (90), Complaint
- Unlawful Detainer (3 Pages)
-
Form 982 (a) (11), Summons
- Unlawful Detainer (2 Pages, includes Proof of Service)
-
Form CP10.5, Prejudgment
Right of Claim to Possession* (2 Pages)
This form will be served blank - it is to be completed by any
tenants not named in the original Complaint.
-
Form 982.1 (95), Answer -
Unlawful Detainer (2 Pages) This form will be served blank - it
is to be completed by the Defendant.
Note: These documents must
be served by someone other than you, who is over 18, and is not a party to
the action (e.g., neighbor, process server, sheriff, etc.
*
Prejudgment Right of Claim to Possession must be served by a licensed
process server or sheriff /per CCP 415.46
Have the Process Server
Complete the "Proof of Service" Form:
The person who
serves the documents must fill out and sign the Proof of Service form,
listing every document that was served (including the blank forms). The
Proof of Service form on the back of the Summons (Form 982(a)(11)) can be
used, as long as it is being filed with the original Summons, do not
detach), or the following form can be used:
-
A separate Proof of Service
for each Defendant must be submitted.
-
If the Defendant is served by
substitute service, a copy must also be mailed. A separate declaration of
diligence is also required (i.e. three attempts at service on separate
days at separate times).
File the original Summons and
completed Proof of Service with the Court, and submit a copy to be
conformed for your records.
You should start gathering all of the information that relates to your
case. This may include witnesses or paperwork such as the following:
-
a copy of the
lease or rental agreement,
-
any letters
you may have written or received about the property,
-
any receipts
you have
-
any inspection
reports from the building inspector or health department,
-
photographs,
-
police
reports,
-
any other
documentation that you think will help you convince the Judge that the
tenants should be evicted.
You will need to bring three copies of each paper with you: one for the
judge, one for the tenants and one for yourself.
Get your paperwork organized before you come to court so that you can
easily find what you need when you are in the courtroom. You may want to
make notes for yourself so that you don’t forget to tell the judge
something that you think is important.
Children are not allowed in the courtroom, so you should not bring them
with you.
Presenting your case in court
There are
a couple of things which you should keep in mind before entering the
courtroom. It is important that you dress appropriately and take care
about your personal hygiene. You want to show respect for the court and
make a favorable impression on the judge. You may not bring food or drinks
into the courtroom. You may not chew gum and should not read or sleep
while you are there.
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