The state of California has specific laws and procedures in place for landlords to follow when evicting a tenant. One crucial step in this process is filling out an Unlawful Detainer form, also known as a UD-100. This form is used to initiate the eviction process and must be completed accurately to avoid delays or even dismissal of the case. In this article, we will guide you through the 5 steps to fill out an Unlawful Detainer form in California.
Understanding the Unlawful Detainer Process
Before we dive into the steps to fill out the form, it's essential to understand the Unlawful Detainer process in California. An Unlawful Detainer is a lawsuit filed by a landlord to evict a tenant who has refused to leave the rental property after being served a notice to quit. The process typically begins with the landlord serving the tenant with a three-day notice to pay rent or quit, followed by the filing of an Unlawful Detainer complaint if the tenant fails to comply.
Step 1: Gather Required Information
Before filling out the Unlawful Detainer form, you'll need to gather the following information:
- Tenant's name and address
- Rental property address
- Date of the three-day notice to pay rent or quit
- Date of service of the three-day notice
- Amount of rent due
- Reason for eviction (e.g., non-payment of rent, breach of lease)
Step 2: Fill Out the Caption and Parties
The caption section of the Unlawful Detainer form includes the court's name, case number, and the names of the parties involved.
- Fill in the court's name and address
- Leave the case number blank (it will be assigned by the court)
- List the landlord's name and address as the "Plaintiff"
- List the tenant's name and address as the "Defendant"
Step 3: Complete the Allegations Section
In this section, you'll need to provide specific details about the tenancy and the reason for the eviction.
- State the date of the rental agreement and the term of the tenancy
- Describe the breach of the rental agreement (e.g., non-payment of rent, damage to property)
- List the amount of rent due and the date it was due
- Attach a copy of the three-day notice to pay rent or quit
Step 4: Fill Out the Prayer for Relief
In this section, you'll need to specify the relief you're seeking from the court.
- Check the box requesting the court to grant a judgment for possession of the rental property
- Check the box requesting the court to grant a judgment for the amount of rent due
- Check the box requesting the court to grant any other relief you're seeking (e.g., attorney's fees, costs)
Step 5: Sign and Verify the Form
Finally, you'll need to sign and verify the Unlawful Detainer form.
- Sign the form as the landlord or authorized representative
- Verify that the information in the form is true and accurate
- Attach a copy of the rental agreement and any other supporting documents
Frequently Asked Questions
What is an Unlawful Detainer form in California?
+An Unlawful Detainer form, also known as a UD-100, is a lawsuit filed by a landlord to evict a tenant who has refused to leave the rental property after being served a notice to quit.
How do I serve the Unlawful Detainer form on the tenant?
+The Unlawful Detainer form must be served on the tenant by a process server or law enforcement officer. The tenant must be served in person, or by substituted service (e.g., leaving the form at the tenant's residence with a person of suitable age and discretion).
What happens after I file the Unlawful Detainer form?
+After you file the Unlawful Detainer form, the court will assign a case number and schedule a hearing. The tenant will have the opportunity to respond to the lawsuit and raise any defenses. If the tenant fails to respond or appear at the hearing, the court may grant a default judgment in favor of the landlord.
We hope this article has provided you with a comprehensive guide on how to fill out an Unlawful Detainer form in California. Remember to gather all required information, complete the form accurately, and serve the tenant properly to avoid delays or dismissal of the case. If you're unsure about any aspect of the process, it's always best to consult with an attorney or seek guidance from a local court.
Take Action
If you're a landlord in California who needs to evict a tenant, don't hesitate to take action. Fill out the Unlawful Detainer form carefully and serve the tenant properly to begin the eviction process. Remember to stay organized, keep detailed records, and seek professional help when needed.