An unlawful detainer (UD) is California’s formal eviction lawsuit. It’s a special type of court action designed to be faster than a regular civil case — but it’s also highly technical. One procedural error can result in dismissal.
What Is an Unlawful Detainer?
An unlawful detainer is a lawsuit filed by a landlord against a tenant who has remained on the property after their right to be there has ended. “Unlawful detainer” literally means the tenant is unlawfully detaining (holding onto) the property.
UD cases are given priority scheduling by California courts because the landlord is being deprived of their property. While a regular civil lawsuit might take 12–18 months to reach trial, an unlawful detainer typically goes to trial within 20 days of the tenant filing an answer.
When Can You File?
You can file an unlawful detainer ONLY after: 1. You served a proper notice (3-day, 30-day, or 60-day) 2. The notice period fully expired 3. The tenant has not complied with the notice
What You File
Your UD complaint package includes:
| Document | Purpose |
| Complaint — Unlawful Detainer | The main lawsuit document |
| SUM-130 (Summons — Unlawful Detainer) | Official court notice to the tenant |
| CM-010 (Civil Case Cover Sheet) | Required filing cover sheet |
| Copy of the notice served | Proves the notice requirement was met |
| Copy of the lease (if written lease exists) | Establishes the landlord-tenant relationship |
| Proof of service of the notice | Proves the tenant received the notice |
The filing fee is $385–$435 depending on the court.
The UD Timeline
| Event | Timeline |
| File complaint | Day 1 |
| Serve the tenant | Day 1–7 |
| Tenant’s response deadline | 5 business days after service |
| If no response → Request default | Day 6+ |
| If response filed → Trial set | Within 20 days |
| Trial | ~Day 25–35 |
| Judgment | Same day or within days |
| Writ of Possession | Filed after judgment |
| Sheriff lockout | 5 days after Sheriff posts notice |
Serving the UD Complaint
The tenant must be served with the Summons and Complaint. Acceptable methods: – Personal service — Best option – Substituted service — Leave with a competent adult + mail a copy – Post and mail — Only after the court grants permission (requires a motion)
Important: In UD cases, the tenant has only 5 business days to respond (vs. 30 days in regular civil cases).
What Happens If the Tenant Doesn’t Respond
If the tenant fails to file an Answer within 5 business days: 1. You file a Request for Entry of Default (CIV-100) 2. You file a Declaration for Default Judgment with evidence 3. The court enters judgment in your favor 4. You request a Writ of Possession
What Happens at Trial
If the tenant does respond, the case goes to trial. You’ll need to prove: 1. A landlord-tenant relationship existed 2. You served a proper notice 3. The notice period expired 4. The tenant failed to comply 5. The tenant is still in possession of the property
Bring: – Original lease agreement – Original notice (and proof of service) – Rent ledger showing payments and missed payments – Photos of any property damage (if relevant) – Any communications with the tenant – Witnesses (if available)
Common Defenses Tenants Raise
Be prepared for the tenant to argue: – Improper notice — The notice was defective or improperly served – Habitability defense — The property has serious code violations – Retaliatory eviction — You’re evicting because the tenant complained about conditions – Discriminatory eviction — Eviction violates fair housing laws – Rent was paid — Tenant has proof of payment – Breach of quiet enjoyment — Landlord’s conduct made the property uninhabitable
After You Win
Once you have a judgment: 1. Request a Writ of Possession from the court 2. Deliver the Writ to the Sheriff with the required fee ($150–$250) 3. Sheriff posts a 5-day notice on the property 4. If the tenant doesn’t leave, the Sheriff returns for lockout
How Superior Court Docs Can Help
An unlawful detainer lawsuit requires precision. Superior Court Docs prepares your complete UD package — from the initial notice through the Writ of Possession request.
Starting at $899. 📞 (213) 973-7248 or get started.
Related: The Complete Guide to California Eviction | 3-Day Notice to Pay or Quit | Eviction Cost in California
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