Before you start
Make sure your tenant's deadline passed
You can only file an eviction case if the Notice deadline passed. Each Notice has a different deadline
To calculate the Notice deadline, start with the number of days in the Notice's name. Day 1 is the day after the Notice was delivered to the tenant if handed to them or the day after it was mailed to them if your tenant wasn't handed the Notice in person.
- If your Notice says your tenant can do something to fix the problem, like a 3 Notice to Pay Rent or Quit or a 3-day Notice to Perform or Quit, then do not count Saturdays, Sundays or court holidays.
- If your Notice does not say your tenant can fix the problem, like a 3-day Notice to Quit or a 30- or 60-day Notice to Quit, then you count every day.
Example: 3-day notice to perform covenants or quit
If this Notice was delivered on a Thursday, then Day 1 is Friday, Day 2 is Monday (if not a court holiday), Day 3 is Tuesday (if not a court holiday). So if the tenant doesn't do what you asked for in the Notice or move out, you can start a court case on Day 4, Wednesday.
EXAMPLE: 30-day Notice of Termination of Tenancy
If this Notice was delivered on a Thursday, then Day 1 is Friday, Day 2 is Saturday, Day 3 is Sunday, Day 4 is Monday, Day 5 is Tuesday and you keep counting on the calendar until you get to Day 30. If the tenant doesn't move out, you can start a court case on Day 31.
Gather papers you’ll need to attach to the court forms
A copy of the lease or rental agreement (if there is one) and any written changes the tenant agreed to
A copy of the Notice you gave your tenant(s)
A copy of written proof your tenant was given the Notice
Anything else that will help prove to the judge that your tenant should move out
How to fill out eviction forms
Fill out forms
To start the eviction case, fill out 4 court forms:
Summons - Unlawful Detainer-Eviction (form SUM-130)
Complaint - Unlawful Detainer (form UD-100)
Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer (form UD-101)
Civil Case Cover Sheet (form CM-010)
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. That’s the address you’ll enter at the top of the forms and on the Summons under your name and address.
You are the plaintiff. Your tenant is the defendant. You can have more than one defendant. List all tenants and any other people who live in the home as defendants even if their names aren't on the lease. If there’s more than one tenant they can all be evicted with one set of forms.If you don’t list people who aren't on the lease and you win your case, the other people who live in the home can ask the court to stop the eviction and ask to be added into the case. If this happens, you'll have to start your case over.
Find out if you have any local forms to complete
Some courts have additional local forms they require you to use.
Contact your court clerk’s office, check your court’s website, or talk to your court's Self-Help Center to ask if they have any local forms you need to use.
Make copies of the forms and any attachments. You’ll need the original for the court to keep, a copy for you, and a copy for every tenant or others you know live in the home.
After you've filled out all of the required court forms and gathered any additional papers you'll need, you'll take everything to the courthouse and file with the court clerk.