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1. Wait to see how your tenant responds. After your tenant is served the Summons and Complaint forms, they have 5 days to file a response with the court. The 5 days don't include Saturdays, Sundays, or court holidays.
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)
After the tenant files the ?Answer,? either the landlord or the tenant can request a court date. After the request, the court will set a court date and send a notice to the parties. Please see our referral list for legal assistance or representation on your eviction matter.
The essential requisites of unlawful detainer are: (1) the fact of lease by virtue of a contract express or implied; (2) the expiration or termination of the possessor's right to hold possession; (3) withholding by the lessee of the possession of the land or building after expiration or termination of the right to ...
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.