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An Unlawful Detainer is a lawsuit that is filed with the civil court. The filing fee for an unlawful detainer varies from $250 to $400 depending on the amount of damages- hiring an attorney will cost $600 to $1,000 just to get started with a notice. Uncontested Unlawful Detainer usually takes 30 days.
To start the eviction case, fill out 4 court forms: Summons - Unlawful Detainer-Eviction (form SUM-130) Complaint - Unlawful Detainer (form UD-100) Plaintiffs Mandatory Cover Sheet and Supplemental Allegations Unlawful Detainer (form UD-101) Civil Case Cover Sheet (form CM-010)
Get your trial date They must mail you a copy of the Request. Then, the court will mail you a letter with your court date. It will be about 20 days after your landlord files the Request.
If the landlord does not give the tenant the three-day notice but goes straight to court, the tenant can defend against the eviction by claiming lack of notice. The judge would likely dismiss the eviction case, and the landlord would have to start over in the process, beginning with a three-day notice to the tenant.
An Unlawful Detainer is a lawsuit that is filed with the civil court. The filing fee for an unlawful detainer varies from $250 to $400 depending on the amount of damages- hiring an attorney will cost $600 to $1,000 just to get started with a notice. Uncontested Unlawful Detainer usually takes 30 days.
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The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
Move out process After the Writ of Execution has been served to the tenants, they will be given a grace period of 5 days to vacate the property. The sheriff will execute the eviction and forcibly remove them if they remain in the property after the grace period given to them.
Find the superior court in the county where the home your tenant lives in is located and the particular courthouse that handles eviction (unlawful detainer) cases. Thats the address youll enter at the top of the forms and on the Summons under your name and address.
The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem.
Serving the Notice Personal Service - the notice is given to the person (s) to be evicted in person. Substitute Service - If the tenant is not at their normal home or work, you can leave a copy with a person over the age of 18. You must then also mail a copy to their home. mail a copy to the defendant at the property.

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