The unlawful detainer complaint in California is Judicial Council Form UD-100, and filing it correctly means doing three things at once: satisfying the content rules in Code of Civil Procedure Section 1166, matching every figure on the form to the termination notice you already served, and submitting the right stack of companion forms with the correct fee. Small mistakes get the case dismissed or push it back weeks, so the preparation matters as much as the filing.
What Section 1166 Requires in the Complaint
Code of Civil Procedure Section 1166 sets the content floor for every unlawful detainer complaint. The complaint has to be verified under penalty of perjury, with the verifying person’s name typed or printed beneath the signature.1California Legislative Information. California Code of Civil Procedure 1166 On top of that, it must include:
- Facts supporting the landlord’s right to recover the property, whether that’s unpaid rent, a lease violation, or an expired tenancy.
- A property description detailed enough that no one could confuse which unit is at issue.
- The exact dollar amount in default, if the case is based on a three-day notice for nonpayment.
- A description of how the termination notice was served, either through the checkboxes on UD-100 or by attaching a proof of service for the notice.
- Attached copies of the termination notice and the written lease or rental agreement in residential cases. If the lease was oral or no longer available, you note that on the form instead.1California Legislative Information. California Code of Civil Procedure 1166
If you forget to attach the lease or notice, Section 1166 gives you five days to amend and add them. The case doesn’t die immediately, but any amendment resets momentum and tells the judge the filing was rushed.
Filling Out Form UD-100
Form UD-100 is the Judicial Council’s standardized complaint, available on the California Courts website.2Judicial Council of California. Complaint – Unlawful Detainer UD-100 It walks you through each allegation with checkboxes and fill-in fields, but it assumes you already know what type of notice you served and why.
Start by identifying the plaintiff’s legal capacity. Whether you’re filing as an individual owner, a property management company, or a corporate entity matters because the court needs to confirm the correct party is suing. The defendant section needs the full legal name of every adult occupant you know about. Spell them correctly. A judgment is only enforceable against the people actually named in it, with one exception covered below.
The form then asks you to describe the tenancy and the basis for eviction. For a nonpayment case following a three-day notice, you check the corresponding box and fill in the amount owed through the date the notice expired. You also calculate daily damages for each day the tenant stays past the notice period, typically the monthly rent divided by 30. If the rent is $3,000 per month, that’s $100 per day. A separate section asks whether you’re seeking additional damages beyond possession and back rent.
The Tenant Protection Act Box
One section of UD-100 asks whether the tenancy falls under the Tenant Protection Act of 2019.2Judicial Council of California. Complaint – Unlawful Detainer UD-100 If the property is covered, the landlord can only evict for “just cause” once the tenant has lived there at least 12 months.3California Legislative Information. California Civil Code 1946.2 Just cause splits into at-fault reasons like nonpayment, lease violations, nuisance, or criminal activity, and no-fault reasons like an owner move-in or withdrawal from the rental market.
Not every property is covered. Exemptions include units built within the last 15 years, certain owner-occupied duplexes, and single-family homes not owned by corporations or real estate trusts, provided the landlord gave the required written notice of exemption.3California Legislative Information. California Civil Code 1946.2 Checking the wrong box here gives the tenant’s attorney an easy target. Know the property’s status before you open the form.
Make Every Figure Match the Notice
Every number and factual claim on UD-100 has to mirror the termination notice you already served. If the three-day notice demanded $4,200 in back rent, the complaint says $4,200. If the notice claimed two months were overdue, the complaint doesn’t suddenly claim three. Judges scrutinize these discrepancies, and tenants’ attorneys hunt for them as grounds for a demurrer. The notice type matters too: a three-day notice for nonpayment is governed by a different subsection of CCP 1161 than a three-day notice for a lease violation or a 30- or 60-day notice ending a month-to-month tenancy.4California Legislative Information. California Code of Civil Procedure 1161 Check the box that corresponds to the notice you actually served.
Naming Every Adult, and the CP10.5 Fix for Unknown Occupants
Every adult living in the unit should be named as a defendant. That’s simple when you know who’s there, less simple when tenants have moved in roommates, partners, or relatives without telling you. A judgment binds only named parties, so an unnamed occupant can stall the lockout.
California addresses this with the Prejudgment Claim of Right to Possession, Form CP10.5. The form is served with the summons and complaint on anyone at the property whose name the landlord doesn’t know.5California Courts. Prejudgment Claim of Right to Possession CP10.5 It gives unnamed occupants a chance to come forward and join the case. If they don’t respond, the eventual judgment and writ of possession can apply to them too.6California Legislative Information. California Code of Civil Procedure 1174.3 Skipping this step is one of the most common filing mistakes. The case goes well, the judgment lands, the sheriff is scheduled, and then an unnamed occupant files a last-minute claim that delays everything.
Companion Forms That Must Accompany the Complaint
The UD-100 does not get filed alone. Several companion forms have to go with it, and missing any of them can hold up the case.
Summons for Unlawful Detainer (SUM-130)
Unlawful detainer cases use a specialized summons, Form SUM-130, not the standard civil summons (SUM-100).7California Courts. Summons – Unlawful Detainer SUM-130 It tells the tenant an eviction lawsuit has been filed and warns of the compressed response deadline. It must list every defendant and give contact information for the plaintiff or attorney. Without a properly completed summons, the court has no jurisdiction over the people you’re trying to evict.
Plaintiff’s Mandatory Cover Sheet (UD-101)
Every unlawful detainer case requires the Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations, Form UD-101. The form asks whether the property is residential or commercial, whether unpaid rent is at issue, and whether the landlord has received or applied for rental assistance corresponding to the amount demanded in the notice.8Judicial Council of California. Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer UD-101 Tenants who never receive this form, or who receive one with inaccurate information, can raise that as a defense in their answer.
Civil Case Cover Sheet (CM-010)
Form CM-010 lets the clerk categorize the case. You check the box for unlawful detainer (residential or commercial) and indicate whether the total amount demanded exceeds $25,000.9Judicial Council of California. Civil Case Cover Sheet CM-010 Cases at or below $25,000 are limited civil cases with lower filing fees. Above $25,000 the case becomes an unlimited civil action. Classifying it wrong affects both the department that handles the case and the fee you pay.
Where to File and What It Costs
You file the complete packet with the court clerk in the county where the property sits. Filing fees depend on the amount of money demanded:10California Courts. File the Eviction Forms
- Up to $10,000 demanded: $240
- $10,001 to $25,000: $385
- Over $25,000: $435
If you can’t afford the fee, Form FW-001 requests a waiver based on financial hardship, receipt of public benefits, or insufficient income to cover basic needs and court costs.11California Courts. Request to Waive Court Fees FW-001 Many courts accept electronic filing, which may carry a small convenience fee from the e-filing provider.
Serving the Summons and Complaint
Once the clerk files your packet, each defendant has to be served with the summons and complaint. You cannot do this yourself. Service has to be performed by someone at least 18 years old who is not a party to the case: a registered process server, a friend, or the county sheriff.
Personal service means physically handing the documents to the tenant. If the server can’t reach the tenant after reasonable attempts, California allows substitute service (leaving papers with another adult at the home or workplace and then mailing a copy), or in some circumstances posting and mailing. The method matters because it dictates how long the tenant has to respond.
After delivery, the server completes Form POS-010, the Proof of Service of Summons, documenting who was served, where, when, and how.12Judicial Council of California. Proof of Service of Summons POS-010 File it with the court. Without it, the tenant’s response clock doesn’t start and the court won’t grant a default judgment.
The Military Status Affidavit
If the tenant doesn’t respond and you move for a default judgment, federal law adds one more requirement. The Servicemembers Civil Relief Act requires an affidavit stating whether the defendant is in active military service, or that you were unable to determine their military status.13Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If the court cannot confirm the defendant’s status, it may require a bond. If the defendant is on active duty, the court must appoint an attorney to represent them before entering judgment. Overlooking this can get a default judgment vacated months later.
Tenant Response Deadlines
How much time the tenant has to respond depends on how they were served. A tenant served in person has 10 days to file a written response. A tenant served by substitute service or posting gets 20 days.14California Courts. What Happens If Your Tenant Files a Response The counting method varies between personal service (court days) and the alternatives.
The tenant’s primary response is the Answer—Unlawful Detainer, Form UD-105.15California Courts. Fill Out an Answer Form in an Eviction Case If the landlord is seeking $1,000 or less, the tenant can file a general denial; above that amount the tenant must specifically identify which allegations are disputed. A tenant may also file a demurrer arguing the complaint is legally deficient, or a motion to quash if service was improper.
If the deadline passes with no response, the landlord requests a default judgment using Form CIV-100. The court can then enter judgment for possession and any money owed without a trial. Judges look closely at the paperwork at this stage, though. If the complaint has errors, inconsistencies with the notice, or missing attachments, a default request can be denied even when the tenant never showed up.
Federal CARES Act Properties
Properties with federally backed mortgages or federal housing subsidies may be subject to the CARES Act’s 30-day notice requirement for nonpayment evictions. This federal rule operates independently of California’s state notice periods, so a landlord with a covered property must give at least 30 days’ written notice before filing, even when state law would allow a shorter notice. The 30-day clock can start on the day rent is due, but the unlawful detainer complaint cannot be filed until that federal period expires.
Whether a property qualifies depends on the mortgage or subsidy type. Properties with FHA-insured loans, VA-guaranteed loans, Fannie Mae or Freddie Mac backing, or direct federal housing assistance programs are covered. If you’re unsure whether your mortgage is federally backed, confirm with your loan servicer before serving notice. A premature filing can get the entire case thrown out.