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Table of Contents

UD-100 Guidance: Unlawful Detainer (California)

The UD-100 Unlawful Detainer form is used by landlords in California to initiate an eviction process when a tenant has failed to comply with the terms of the rental agreement, such as not paying rent or otherwise violating lease conditions. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form UD-100

When completing form UD-100, pay special attention to these less obvious sections:

Item 12

Rent Calculation

When calculating the past-due rent amount, ensure that it reflects the rent that was owed at the time the 3-day notice was served, not any subsequent amounts that have accrued.
Item 14

Malicious Possession

Detail specific facts that demonstrate the defendant's continued possession is malicious, as this justifies a claim for statutory damages under section 1174(b). Vague assertions may be insufficient for such a claim.
Item 16

Local Ordinance Compliance

Identify whether the tenancy is subject to any local rent control or eviction control ordinances. Ensure that your actions comply with these ordinances, as failure to do so could jeopardize your case.
Item 2b

Fictitious Business Name

If you are doing business under a fictitious name, ensure you have properly complied with the fictitious business name laws. This might involve registering the business name with the appropriate county authorities and ensuring any public notices required by law have been published.
Item 3a

Venue Selection

Choose the correct court venue based on the location of the premises. Make sure that the court you are filing in has jurisdiction over the area where the rental property is located.
Item 6f

Absent Written Agreement

If you do not have a copy of the written rental agreement, explain the reason why. Legally valid reasons might include that the document is not in your possession or that the complaint is solely for nonpayment of rent.
Item 7

Tenant Protection Act

Determine whether the tenancy is subject to the Tenant Protection Act of 2019. This requires understanding the specific exemptions and protections under the act, as it influences how you can proceed with the eviction.
Item 9e

Notice Attachment

Attach all relevant notices, including any prior notices under Civil Code, § 1946.2(c), if applicable. The attached notice should support your case and comply with legal requirements, such as notice periods and content.

What to do after filing form UD-100

1
Serve the defendant with a copy of the filed UD-100 form and any accompanying documents, following the approved methods of service in California (personal service, substituted service, or posting and mailing, as appropriate).
2
File the Proof of Service form with the court, which provides evidence that the defendant was properly served with the UD-100 form and related documents.
3
Wait for the defendant to respond to the complaint, which they must do within five days of being served if they intend to contest the eviction.
4
Prepare for a possible hearing if the defendant files a response; the court will notify you of the hearing date and time.
5
If the defendant does not respond within the specified time frame, request a default judgment from the court to obtain possession of the premises.
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