SUM 130 SUMMONS EVICTION Unlawful Detainer Forcible Detainer Forcible Entry Form

What is the SUM 130 Summons—Eviction

The SUM 130 form, also known as the Summons—Eviction, is a legal document used in California to initiate an unlawful detainer action. This form is essential for landlords who seek to regain possession of their rental property when a tenant has failed to pay rent or violated lease terms. The SUM 130 serves as a formal notice to the tenant, informing them of the eviction proceedings and the need to respond within a specified timeframe. Understanding this form is crucial for both landlords and tenants involved in the eviction process.

Steps to Complete the SUM 130 Summons—Eviction

Completing the SUM 130 form requires attention to detail to ensure compliance with California law. Here are the key steps:

• Begin by filling out the court's name and address at the top of the form.
• Provide the names of all parties involved, including the landlord and tenant.
• Clearly state the reason for the eviction, such as non-payment of rent or lease violations.
• Include the address of the rental property in question.
• Specify the date by which the tenant must respond to the summons.
• Sign and date the form to validate it.

After completing the form, it must be filed with the appropriate court, and the tenant must be served with a copy of the summons.

Legal Use of the SUM 130 Summons—Eviction

The SUM 130 form is legally binding and must be used in accordance with California eviction laws. It is crucial for landlords to understand that improper use or failure to comply with legal requirements can result in delays or dismissal of the eviction case. The form must be served to the tenant in a manner prescribed by law, ensuring that the tenant is adequately informed of the proceedings against them. This legal process protects the rights of both landlords and tenants during eviction actions.

Key Elements of the SUM 130 Summons—Eviction

Several key elements must be included in the SUM 130 form to ensure its validity:

• The title of the document must clearly state it is a Summons—Eviction.
• Identification of the court where the case is filed.
• Names and addresses of the landlord and tenant.
• A detailed description of the reason for eviction.
• Instructions for the tenant on how to respond to the summons.

Each of these elements plays a critical role in the eviction process, ensuring that all parties are informed and that the legal requirements are met.

How to Obtain the SUM 130 Summons—Eviction

The SUM 130 form can be obtained from the California court website or directly from the local courthouse. Many courts provide downloadable versions of the form, which can be filled out electronically or printed for manual completion. It is important to ensure that the correct version of the form is used, as outdated forms may not be accepted by the court. Additionally, some legal aid organizations may offer assistance in obtaining and completing the form.

Filing Deadlines for the SUM 130 Summons—Eviction

Filing deadlines are critical in the eviction process. Once the SUM 130 form is completed, it must be filed with the court promptly to initiate the eviction proceedings. Typically, the tenant has five days to respond to the summons after being served. If the tenant fails to respond within this timeframe, the landlord may request a default judgment, allowing for expedited eviction. Understanding these deadlines helps landlords navigate the legal process efficiently.