Landlord Information

(Instructions to the Plaintiff)

Unlawful Detainers

Serving Notice to the Tenant(s)

Completing the Unlawful Detainer Paperwork

Filing the Forms

Serving the Documents

Filing the Original Summons and Proof of Service

If the Tenant(s) Fail to Respond

Right to a Court Trial

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Serving Notice to the Tenants

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)

Completing the Unlawful Detainer Paperwork

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.

The forms can be typed or completed in blue or black ink, neatly and clearly.

Filing the Forms

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).

Serving the Documents

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:

• Form 982(a)(23), Proof of Personal Service (2 pages),

1. A separate Proof of Service for each Defendant must be submitted.

2. 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).

Filing the Original Summons and Proof of Service

File the original Summons and completed Proof of Service with the Court, and submit a copy to be conformed for your records.

If the Tenant(s) Fail to Respond

The tenant has five (5) days after being served with the Summons and Complaint to vacate (leave) the property or file an Answer with the court.  (The tenant has ten days from mailing date to respond, if substitute service is performed- CCP 415.20(b)).

If the tenant fails to respond, the plaintiff may request a default judgment.  There are two options for filing the default judgment:

1.      A Request for Clerk’s Judgment (possession of the premises only).

a.     Form 982(a)(6) – Request for Entry of Default and Clerk’s Judgment

b.     Form UD110 – Judgment-Unlawful Detainer

c.      The benefit of a Clerk’s Judgment is that it will be processed immediately, allowing you to issue your writ that day.  A Court Judgment can be submitted at a later date, for monetary judgment, if necessary.

2.      A Request for Court Judgment (possession of the premises as well as a monetary judgment):

a.     Form 982(a)(6) – Request for Entry of Default and Court Judgment

b.     Form UD-116– Declaration for Default Judgment by Court

c.      Form UD110 – Judgment-Unlawful Detainer

d.  A Court Judgment will have to be submitted to Judge for review and signature, before a writ can be issued.

Upon receiving judgment, the plaintiff may provide the following:

1.     Form EJ130 – Writ of Possession Real Property

a.     Fee for issuance $7.00.

b.     This is a nonmonetary request.

c.     The Sheriff’s Department will post a Notice to Vacate on the property (an additional fee is required by the Sheriff for this service).

d.     If the tenant fails to move out by the lockout date, the sheriff will take possession of the property.

2.     Form EJ130 – Writ of Execution

a.     Fee for issuance $7.00.

b.     This is a monetary request only.

Right to a Court Trial

Both parties have the right to a court trial, although there will be no trial if a timely written response to the unlawful detainer complaint is not filed.  To request a court trial, the requesting party must file an At Issue Memorandum:

• The At Issue Memorandum is a local form (2 Pages, includes Proof of Service)

Upon receipt of your At Issue Memorandum, the court will hold it for 5 days, allowing the other party to file their Counter At Issue.  The court will then set a date no more than 20 days from the original filing date of the At Issue Memorandum.  Court Trials are heard every Monday, any unavailable dates must be listed on your At Issue or Counter.

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.