Fill and Sign the California Eviction Form

© 2016, U.S. Legal Forms, Inc. CALIFORNIA LANDLORD TENANT EVICTION / UNLAWFUL DETAINER FORMS PACKAGE Control Number: CA -EVIC -PKG U.S. Legal Forms™ thanks you for your purchase of a Landlord Tenan t Eviction / Unlawful Detainer Forms Package. This package contains essential legal documents needed for a landlord seeking an eviction. TABLE OF CONTENTS I. Form List with descriptions II. Descriptions of Forms III. Tips on Completing the Forms IV. Disclaimer I. FORM LIST With your Landlord Tenant Eviction / Unlawful Detainer Forms Package, you will find the state - specific forms that will help a landlord evict an unwanted tenant. Included in your package are the following forms: 1. 3 Day Not ice to Pay Rent or Quit for Residential Property Prior to Eviction 2. 3 Day Notice to Pay Rent or Quit Prior to Eviction – Nonresidential 3. Summons - Unlawful Detainer – Eviction 4. Landlord Complaint for Unlawful Detainer against Holdover Tenant – Reside ntial 5. Form Interrogatories - Unlawful Detainer 6. Complaint - Unlawful Detainer 7. Judgment - Unlawful Detainer 8. Declaration for Default Judgment by Court - Unlawful Detainer - Civil Procedure 585d 9. Stipulation for Entry of Judgment - Unlawful Detainer 10. Prejudgment Claim of Right to Possession [Unofficial form for service with summons in unlawful detainer cases] II. DESCRIPTIONS OF FORMS Brief descriptions of the forms contained in your U.S. Legal Forms™ Landlord Tenant Eviction / Unlawful Detainer Forms Package are found below. 3 Day Notice to Pay Rent or Quit for Residential Property Prior to Eviction - This form is used by a Landlord t o demand payment of overdue rent from a residential tenant within 3 days from giving the notice in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Resident ial" includes a house, apartment or condo. If the tenant fails to pay within 3 days, the lease may be considered terminated by the landlord. The Tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated. 3 Day Notice to Pay Re nt or Quit Prior to Eviction – Nonresidential - This form is used by a landlord to demand payment of overdue rent from a non -residential tenant within 3 days from giving the notice in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Non -residential" includes commercial or industrial property. If the tenant fails to pay within 3 days, the lease may be considered terminated by the landlord. The tenant is inform ed that the tenant must either pay the rent or suffer possible termination. If he does not pay the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction but instead agrees to accept rent after the t ermination date stated in the notice, the lease is generally reinstated. Summons - Unlawful Detainer – Eviction - This form is an official California Judicial Council form which complies with all applicable state codes and statutes. It is filed with a comp laint for eviction/unlawful detainer to inform the defendant/tenant of the eviction lawsuit being filed. Landlord Complaint for Unlawful Detainer against Holdover Tenant – Residential - This form is a Complaint for an Unlawful Detainer. The form provides t hat defendants have not paid rental installments as required by the terms and conditions of the lease or rental agreement. Plaintiff contends that he/she has performed all conditions listed in the contract. Plaintiff requests from the court judgment agains t the defendants and immediate possession of the premises. Form Interrogatories - Unlawful Detainer - This form contains questions related to an eviction that require a written response and may be used as evidence in court. Complaint - Unlawful Detainer - This form, Complaint - Unlawful Detainer, can be used to file a complaint against someone for an unlawful detainment. This is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state f orms as is required by state statutes and law. USLF control no. CA -UD -100. A forcible entry and detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could b e either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non - residential. The tenant/occupant must receive a wri tten demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contr act states otherwise. After the 5 -7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court h earing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer. Judgment - Unlawful Detainer - This form is an official California Judicial Council form which complie s with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law. A forcible entry and detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave afte r appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non - resident ial. The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term norma lly is either 5 or 7 days, unless the contract states otherwise. After the 5 -7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a c ourt hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer. Declaration for Default Judgment by Court - Unlawful Detain er - Civil Procedure 585d - This form is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law. A forcible entry and detainer is an ac tion that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governi ng forcible entry and detainer actions are different if the property is residential or non - residential. The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whethe r commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5 -7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found g uilty of a forcible entry and detainer. Stipulation for Entry of Judgment - Unlawful Detainer - This form is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is requir ed by state statutes and law. A stipulation is a voluntary agreement between the parties. A forcible entry and detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This oc cupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non -residential. The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, un less the contract states otherwise. After the 5 -7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer. Prejudgment Claim of Right to Possession [Unofficial form for service with summons in un lawful detainer cases] - Prejudgment Claim of Right to Possession - Unofficial Form for Use by Levying Officers in Unlawful Detainer Cases: This form is used by the levying officer of the court. It explains to the Defendant, that the levying officer has th e right to take possession of certain items which have been found to be unlawfully detained by the Defendant. If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may also wish to visit our legal definitions page at http://definitions.uslegal.com/ IV. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and comple te with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resemb les a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. V. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subj ect to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorne y in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF AN Y KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. 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