1. LANDLORD’S GUIDE TO UNLAWFUL DETAINERS (C.C.P. Sect. 1159-1179a)
Verification
Declaration under penalty of perjury that all facts stated in the complaint are true and correct.
If plaintiff is a corporation, business, partnership – must have separate verification
Corporation must be represented by an attorney

2. FLOW CHART Notice File and Serve Summons and Complaint
If Answer Filed:
Set Case for Trial
If No Answer:
Entry of Default
Judgment
Writ of Possession
Eviction

3. 3 DAY NOTICE TO PAY OR QUIT (CCP §1161.2)
Unpaid Rent During Last 12 Months
Amount Must be Exact
Manner of Payment
Notice of Forfeiture

4. NOTICE WAIVED, CHANGED, OR CANCELED
Extension of time to pay
Acceptance of partial payment
Acceptance of rent after expiration of notice
Additional request for payment after expiration of notice

6. 3 DAY NOTICE TO COMPLY OR QUIT (CCP §1161.3)
Curable breach (e.g. subletting, parking in wrong area, maintenance issues, pets)
Must be stated in the alternative (i.e. choice to correct or vacate)
Specify violation

7. 3 DAY NOTICE TO QUIT Non-Curable Breach (CCP §1161.2)
Nuisance
Illegal activity
Health and safety issues
Excessive damage to property
Eviction of Previous Owner
(CCP §1161a(b))
Specify Cause for the Notice

8. 30/60/90 DAY NOTICE OF TERMINATION
30 Day Notice [Civil Code §1946.1(c)]:
Terminate Month-to-Month Rental
Less Than 1 Year of Residency
No Reason Required

9. 30/60/90 DAY NOTICE OF TERMINATION
60 Day Notice [Civil Code §1946.1(d)]:
Month-to-Month Rental
Residency of One Year or More
Mobile Home Park Tenants
90 Day Notice
After Foreclosure (tenants only)
Subsidized Housing (Section 8)

10. SUMMONS AND COMPLAINT Only after the Notice expires 5 Day Summons
(C.C.P. Sect. 1167)
Verification
Service

14. MANNER OF SERVICE Personal Substituted
Mail and Acknowledgement of Receipt of Service
Posting and Mailing

15. DEFAULT JUDGMENT FOR POSSESSION
Request for Entry of Default
Judgment
Application for Issuance of Writ of Possession
Writ of Execution/Possession

16. EXECUTION OF WRIT Sheriff’s Instructions for Eviction
Writ of Possession
Forms and Fees May be Submitted with Default Package

17. EXECUTION OF WRIT
Service of Writ and Posting of 5 Day Notice to Vacate
Sheriff will remove all occupants
Sheriff Post Notice on Window

18. EVICTING LODGERS 30 or 60 Day Notice to Quit
Only where there is one lodger
Sheriff authorized to remove lodger
Civil Code §1946.5; Penal Code §602.3

19. ABANDONED PERSONAL PROPERTY
Notice of Right to Reclaim Personal Property
If Tenant Demands Return of His Property
If Tenant Does Not Respond to Notice
Property worth less than $300
Property worth more than $300
Motor Vehicles

20. SECURITY DEPOSIT Time to Return Deposit Itemized Accounting
Allowable Deductions

21. Q & A