An Unlawful Detainer is a lawsuit that a landlord files in court to evict a tenant. If the judge agrees with the landlord, the landlord can ask the Sheriff's Department to physically remove the tenant from the rental unit. If not, the tenant can stay in the property. The entire process usually takes about 30 days. The tenant has 5 days to file a response after being served with the landlord's lawsuit. Then, the clerk will schedule a trial within 20 days of the landlord's request. The trial usually takes one day. From that point, the Sheriff usually gives the tenant about 5 days before evicting them.
Form Description ........................................................................................... Form
Claim of Right to Possession and notice of Hearing ............................................ CP-10
Prejudgment Claim of Right to Possession .......................................................... CP-10.5
Summons—Unlawful Detainer—Eviction ............................................................ SUM-130
Complaint—Unlawful Detainer ............................................................................. UD-100
Plaintiff's Mandatory Cover Sheet and Supplemental Allegations ....................... UD-101
—Unlawful Detainer
Cover Sheet for Declaration of Covid-19–Related Financial Distress ................. UD-104
Attachment—Declaration of Covid-19–Related Financial Distress ...................... UD-104A
Answer—Unlawful Detainer ................................................................................. UD-105
Form Interrogatories—Unlawful Detainer ............................................................ UD-106
Judgment—Unlawful Detainer ............................................................................. UD-110
Judgment—Unlawful Detainer Attachment .......................................................... UD-110S
Stipulation for Entry of Judgment ........................................................................ UD-115
Declaration for Default Judgment by Court ........................................................ UD-116
(Unlawful Detainer—Civ. Proc., § 585(d))
Verification by Landlord Regarding Rental Assistance ...................................... UD-120
—Unlawful Detainer
Application to Prevent Forfeiture Due to COVID-19 Rental Debt ..................... UD-125
Request/Counter-Request to Set Case for Trial—Unlawful Detainer .............. UD-150
Form Interrogatories—Unlawful Detainer ........................................................ DISC-003
This lawsuit is to be filed AFTER the landlord has given the proper notice to evict a tenant which can include:
- 3 day to Quit
- 3 day to Pay or Quit
- 3 day to Perform Covenants
- 30-day Notice
- 60-day Notice
Notices are very difficult, and it's not easy to explain what kind of notice a landlord has to give in each case. Please contact a Small Claims Advisor if you are unsure whether you are using the proper notice. A notice is not a court form, so a landlord has to write it up. If there are mistakes in the notice, the landlord might lose the case automatically.
The landlord and tenant do not have to get a lawyer. But, there are strict court rules and court forms you have to fill out, file and serve. The rules and forms are complicated. If you don't do things correctly, you may lose your case. It is usually advantageous to both parties to try to find a resolution out of court this can either be done by coming to an agreement on your own or by working with one of the mediation providers in Fresno County.
**Please note, many changes have occurred in the Unlawful Detainer process due to Covid-19. It is recommended that you consult an attorney before you proceed with an eviction to make sure that you are completing the process correctly. You may locate an attorney by contacting Fresno County Attorney Referral Service.
