Pleadings in Unlawful Detainer (Eviction) Cases

Pre-Filing

3-Day Notice to Pay Rent or Quit: A notice demanding that the tenant pay overdue rent within three days or vacate the property. This is typically used when a tenant fails to pay rent on time and is a required step before filing an eviction for non-payment.
3-Day Notice to Perform Covenants or Quit: A notice giving the tenant three days to fix a lease violation (such as removing an unauthorized pet or resolving another breach of the rental agreement) or move out. Landlords use this when the issue can be corrected, and it must be served before an eviction case for that breach can be filed.
3-Day Notice to Quit (Unconditional): A three-day notice that does not offer the option to cure the violation, demanding that the tenant vacate within three days due to serious lease violations. This is used for irremediable problems like illegal activity on the premises, serious nuisance, or other significant breaches that justify ending the tenancy immediately.
30-Day Notice to Quit: A notice to terminate a month-to-month tenancy, requiring the tenant to move out within 30 days. In California, this is generally used when the tenant has been renting for less than one year, or in situations where just cause is not required for ending the tenancy.
60-Day Notice to Quit: Similar to a 30-day notice, but giving 60 days’ notice to vacate. Landlords use this when a tenant has been living in the unit for a year or more (or when required by law), to terminate a month-to-month tenancy or after a lease ends, assuming just cause requirements (if applicable) are met.
90-Day Notice to Quit: A longer notice period is required for certain subsidized or Section 8 tenancies. It gives the tenant 90 days to move out and is used when terminating a Section 8 (housing assistance) tenancy or other situations mandated by law to have extended notice.

Trial

Summons (Unlawful Detainer): A legal document issued by the court when the eviction lawsuit is filed, which notifies the tenant that an eviction case has been started against them. It informs the tenant of the short deadline (often as few as 5 days) to respond to the lawsuit or risk a default judgment.
Complaint (Unlawful Detainer): The landlord’s formal pleading that starts the eviction case, stating the reasons for eviction (such as non-payment of rent or lease violations) and the relief sought (possession of the property, unpaid rent, etc.). It outlines the facts of the case, including details of any notice served, and is filed with the court to initiate the lawsuit.
Civil Case Cover Sheet: A required form filed alongside the complaint that provides basic information about the case and classifies it (for example, as an unlawful detainer/eviction case). It helps the court process the case correctly, but does not itself contain details of the eviction dispute.
Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations (UD-101): An additional form the landlord must file in certain residential evictions (especially those involving COVID-19 rental issues or just-cause ordinances). It provides the court with the required information about the tenancy (such as whether the eviction is related to COVID-19 rental debt or subject to local tenant protections) and confirms the landlord’s compliance with any pertinent laws.
Prejudgment Claim of Right to Possession: An optional form that a landlord can serve along with the summons and complaint to include any unnamed occupants in the eviction. This notice lets any adult residents not listed in the lawsuit know about the eviction case and gives them a chance to file a response and become part of the case, preventing them from later claiming a right to stay in the property after judgment.
Proof of Service of Summons: A form filed by the person who served the eviction papers, which proves to the court that the summons (and complaint) were properly delivered to the tenant. It details when, where, how, and to whom the documents were served, establishing that the tenant was notified according to legal requirements.
Answer (Tenant’s Answer to Complaint): The tenant’s formal written response to the eviction complaint. In this pleading, the tenant can deny the landlord’s allegations, state any defenses or legal justifications for not being evicted, and possibly raise counterclaims. The answer must be filed within a short deadline (typically five court days after service of the summons) to avoid default.
Demurrer: A legal pleading a tenant may file instead of an answer, challenging the legal sufficiency of the landlord’s complaint. The demurrer argues that even if the facts in the complaint are true, they do not constitute a valid cause for eviction (for example, the eviction notice was defective or the complaint is missing essential details). Filing a demurrer can delay the case until the court decides whether the complaint needs to be fixed or dismissed.
Motion to Quash Service: A request filed by the tenant asking the court to invalidate the service of the summons and complaint. Tenants use this motion when they believe the landlord did not serve the eviction papers properly or the court lacks jurisdiction. If granted, the landlord must re-serve the documents correctly before the case can proceed.
Motion to Strike: A request to remove improper or irrelevant parts of a pleading. In an eviction case, a tenant might file a motion to strike portions of the complaint (such as demands or allegations that are not allowed in an unlawful detainer proceeding), or a landlord might move to strike parts of an answer that are improper. This motion seeks to narrow the issues to only those allowed by law.
Request to Set Case for Trial (UD-150): A form the landlord files after the tenant submits an answer, asking the court to schedule a trial date. This notifies the court that the case is at issue (ready to be tried) and triggers the assignment of a trial date (and sometimes a notice to the parties of when and where the trial will be).
Request for Entry of Default: If the tenant fails to file a response in time, the landlord can file this request for the court to enter the tenant’s default. By entering a default, the court acknowledges that the tenant did not respond, which allows the landlord to proceed to obtain a default judgment without a trial.
Default Judgment: A judgment in favor of the landlord that is issued when the tenant did not respond to the lawsuit or appear in the case. The landlord receives a judgment for possession (and possibly for unpaid rent or damages if claimed), without a trial, since the tenant defaulted by not answering the complaint or appearing in court.
Request for Dismissal: A form filed by the landlord to voluntarily dismiss (cancel) the eviction case. This is used if the eviction is no longer necessary—for example, if the tenant moved out on their own or the parties reached a settlement—so that the court closes the case without a judgment.

Post-Judgment

Writ of Possession: A court order that the landlord obtains after winning a judgment for possession. It directs the sheriff to enforce the judgment by removing the tenant from the property if they have not moved out by a specified date. The sheriff will serve or post a notice to vacate (usually giving the tenant 5 days to leave) and then proceed with the lockout under this writ.
Writ of Execution (Money Judgment): If the landlord was awarded a money judgment (for back rent, damages, or costs) and the tenant hasn’t paid, the landlord can obtain this writ to enforce collection of the money. It allows the sheriff or marshal to seize assets or garnish the wages of the tenant to satisfy the judgment amount.
Notice of Appeal: The document a party files to formally appeal the court’s judgment in the eviction case. Either the tenant or landlord can file a notice of appeal if they believe there was a legal error in the trial. In eviction cases, this must be done quickly (often within 30 days of the judgment), and an appeal can delay enforcement if the appellant meets certain requirements (such as posting a bond and paying rent during the appeal).
Motion to Stay Execution of Judgment: A request by the tenant (post-judgment) to temporarily delay the eviction. Often made on the grounds of hardship, this motion asks the court to give the tenant a short additional time (up to 40 days in California, in some cases) before the sheriff executes the writ of possession. If granted, the lockout is postponed for the period of the stay.
Claim of Right to Possession (Post-Judgment): A form that an unnamed occupant (someone living in the property who was not named in the eviction lawsuit) can file after a judgment for possession has been issued. By filing this claim (often after the sheriff posts the eviction notice), the occupant asserts a right to remain in the property and requests a hearing. This stops the eviction as to that occupant until the court can decide whether they have a valid right to possession or if the judgment should also apply to them.
Motion to Set Aside Default or Vacate Judgment: A request typically filed by a tenant after a default or judgment has been entered against them, asking the court to overturn the judgment. Reasons can include not being properly served with the lawsuit, mistake or excusable neglect, or other equitable grounds. If the court grants this motion, the eviction case is reopened, and the tenant gets another chance to respond or defend the case.
Acknowledgment of Satisfaction of Judgment: A form filed by the landlord (the judgment creditor) when the tenant has fully satisfied a money judgment (for example, by paying all the back rent or damages owed). It notifies the court that the judgment has been paid in full, which officially records that the tenant no longer owes any debt under the judgment.