Landlord/Tenant Resources
Landlords
California has special rules when it comes to evictions, or unlawful detainer actions. Unlike other civil lawsuits, which can take years to resolve, an unlawful detainer action can, theoretically, be completed within a single month. This means that a landlord who has followed all of the correct procedures can potentially get their property back rather quickly. This means that a tenant may have very little time to move out. This speed, however, comes with a price.
If you are a landlord, you must comply with a number of legal requirements before the Court will grant the eviction notice. Failure to comply with a single one may force you to start the process all over again.
Tenants
If you are a tenant that has been served with an unlawful detainer action, you must move quickly. Your answer is due to the court within five (5) days of you receiving the action. If you fail to respond, you may end up 'in default.' This means that the court will most likely side with the landlord and allow the eviction to proceed unless you have a legally acceptable reason for your failure to respond.
Below are some of the most common forms associated with unlawful detainer actions. However, PLEASE BE AWARE that this list DOES NOT constitute the full list of required documents. Furthermore, the Yolo, Placer, Sacramento, and Solano Counties may have certain unique requirements. PLEASE CONTACT US if you have any questions regarding these forms or the unlawful detainer process.
Important Websites
Landlord/Tenant Information:
https://www.dca.ca.gov/dca/publications/landlordbook/index.shtml
NOLO Renter's and Tenant's Rights:
http://www.nolo.com/legal-encyclopedia/renters-rights
Common Landlord Forms
We supply these forms as a courtesy and your use of these forms does not create an attorney-client relationship between the user and the Law Offices of Keith Banks and does not constitute legal advice.
CM-010
The CM-010 form is the general cover sheet that some courts can require landlords to file along with the UD-100.
UD-100
The UD-100 form is the general complaint that the landlord must file with the court to begin the eviction process.
SUM-130
The SUM-130 form must be served along with the UD-100 on the tenant.
Common Tenant Forms
We supply these forms as a courtesy and your use of these forms does not create an attorney-client relationship between the user and the Law Offices of Keith Banks and does not constitute legal advice.
UD-105
The UD-105 form is the standard response that a tenant must file with the court within 5 days of receiving a UD-100 form.
CP-105
The CP-105 form is only used if an eviction notice has been served on your house but you were not named on the UD-100.
UD-106
The UD-106 form is used if you have legitimate and specific questions for the landlord regarding the eviction proceeding filed against you.
Common Form for Both Landlords and Tenants
POS-040
The POS-040 form must be filed with the court whenever either party serves documents on the other.
Call For A Consultation Today
Navigating the strict rules and regulations to evict a tenant can be tricky. Call the Law Offices of Keith Banks if you have any questions, concerns or need our assistance in helping you understand your rights and responsibilities under the law or to reclaim your property.