General Information
Case Types
Unlawful Detainer Cases
LANDLORD
Unlawful Detainer (eviction) and related proceedings:
An action to evict a tenant is called an unlawful detainer. As in all legal
proceedings, you may wish to consult with an attorney before bringing an action. Although
it is not required that you hire an attorney before taking legal action, it is highly
advisable to consult with one knowledgeable in the field of law involved in your case. An
experienced attorney may be able to quickly assess your situation, advise you about
important legal rights, and recommend the best course of action for you to take to protect
your interests.
Where to file:
An unlawful detainer can be filed as a limited civil case if the amount of rent owed does
not exceed $25,000. If the amount of rent owed is more than $25,000 then the unlawful
detainer case should be filed in Superior Court.
Notice required before filing:
Before the court will evict a tenant, either a thirty day or a three day notice to quit
must first be served on the tenant. A thirty day notice is required to terminate a tenancy
when there is no violation of the rental agreement. A violation of a rental agreement,
such as failure to pay rent, is called a breach of the agreement. A three day notice is
required to be served when the tenant has violated or breached the rental agreement.
How to prepare for trial:
Bring original documents if you have them. If the originals are not available, bring
copies. You need to bring the lease or rental agreement, if there is one, and the notice
served on the tenant. If you are claiming damage to the rental unit, bring pictures
showing the damage.
How to obtain a writ of possession:
After the trial is over and you are awarded possession by the court, you can submit a writ
of possession form, which the court will issue. You can then take the writ of possession
to the sheriff’s office in the courthouse to have it served on the tenant together
with a lock-out order.
TENANT
The landlord’s lawsuit to evict you is called an unlawful detainer. As in
all legal proceedings, you may wish to consult with an attorney before proceeding in an
action. An experienced attorney may be able to quickly assess your situation, advise you
about important legal rights, and recommend the best course of action for you to take to
protect your interests.
Filing your answer:
Each defendant named in the unlawful detainer complaint must file a response or a default
may be entered against the non-responding defendant. The response is due five calendar
days from the date the complaint was served on you. In counting the days, you include
Saturday and Sunday, but exclude court holidays. If the last day of the five day period
falls on a Saturday or Sunday, the answer is due the next court day.
Service of answer on plaintiff:
The answer must be served on the plaintiff before you can file it with the court. You can
have the answer served by mail, simply by having a person over 18 years old, who is not a
party to the action, enclose a copy of the answer in an envelope addressed to the
plaintiff or the plaintiff’s lawyer if there is one, with first class postage, and
then place the envelope in the mail. This person will have to complete and sign a
Certificate of Service by Mail to prove to the court that the answer was served by mail
before being filed.
Effect of move out before the trial:
If you move out before the trial and you leave the property neat and clean, the unlawful
detainer action should be dismissed. If the landlord does not dismiss the case, you need
to appear at the trial and tell the court that you did move out. It is a good idea to take
pictures of the condition of the rental unit when you move out so you can prove to the
court that you left it neat and clean. If you still owe the landlord money for unpaid
rent, the landlord can still sue you for that money, even if you did move out.
Cost of filing and
responding to complaints:
A fee schedule is available on-line and at the
Clerk's Office.
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