CP10.5 – Prejudgment Claim of Right to Possession – California Courts

The document titled “CP10.5 – Prejudgment Claim of Right to Possession California” is a legal form used in California for individuals who are not named in an eviction lawsuit (unlawful detainer action) but claim a right to possess the premises in question. It serves as a declaration under penalty of perjury that the claimant occupied the premises on the date the eviction complaint was filed and has continued to do so. The form outlines the procedure for such individuals to claim their right to possession, including the requirement to file the form within a specific time frame (typically within 10 days of service, with exceptions for tenants affected by foreclosure) and to pay a filing fee or request a fee waiver.

The form contains sections for the claimant’s personal information, details of the premises, the legal basis for the claim of right to possession, and instructions for submitting the form. It also highlights the consequences of failing to submit the form, such as the possibility of eviction without further hearing. Additionally, it informs the claimant of the need to file a response to the eviction complaint within five days after submitting this form and outlines the potential outcomes at trial, including liability for rent, costs, and possibly treble damages.

This form is critical for occupants who are not named in an eviction proceeding but wish to contest the eviction on the grounds of their right to possession. It serves both as a legal tool for asserting rights and a guide to the eviction process, offering specific instructions on how to navigate the situation, including seeking legal advice if necessary.

Filling out the CP10.5 – Prejudgment Claim of Right to Possession form is a crucial step if you occupy a rental unit in California that is subject to an eviction lawsuit (unlawful detainer action) and your name was not included on the summons and complaint. This form allows you to claim your right to remain on the premises. Here is a step-by-step guide on how to complete this form:

Before You Start

• Read the entire form carefully to understand the requirements and implications.
• Gather all necessary information, including the date the complaint was filed, your rental agreement (if available), and any communication with the landlord or property manager.

Section by Section Instructions

• Personal and Premises Information

Fill in your full name, the address where you reside (including street address, unit number, city, and ZIP code), and the address of the premises subject to the claim. Ensure this information matches what is known to your landlord or property manager.

• Claim of Right to Possession

Clearly state that you occupied the premises on the date the eviction complaint was filed and have continued to occupy it since that date. If the form asks for a specific date (item 4), refer to the accompanying summons and complaint for this information.

• Declaration Under Penalty of Perjury

Affirm that your statements are true to the best of your knowledge. This section underscores the seriousness of the information you are providing.

• Filing Fee or Waiver

Acknowledge the requirement to either pay a filing fee or submit an “Application for Waiver of Court Fees and Costs.” If you are unable to pay the filing fee, ensure you fill out and submit the waiver application to avoid delaying your claim.

• Age Verification

Confirm that you were at least 18 years of age on the date the complaint was filed.

• Notice to Occupants

Understand the warnings provided, especially the consequences of not submitting this form. It is imperative to act within the specified timeframe (usually within 10 days of the date of service mentioned on the form).

• Rental Agreement Details

Check the appropriate box that describes your situation regarding a rental agreement with the landlord, someone else, or the former owner who lost the property due to foreclosure.

• Additional Rights for Foreclosure

If applicable, indicate that you understand your rights in case the property is lost to foreclosure.

• Signature and Date
• Sign the form to certify your claim. Your signature confirms that you declare, under penalty of perjury, that the information provided is accurate and true.
• Date the form on the day you sign it.

After Completing the Form

• Make sure to review your form for completeness and accuracy.
• Submit the completed form to the court listed on the eviction summons and complaint. Remember, the form must be filed within the specified deadline from the date of service.
• After filing, prepare to follow the next steps required by the court, which may include filing a response to the summons and complaint.

Important Tips

• Keep a copy of the completed form for your records.
• Consider seeking legal advice, especially if your situation involves complex issues like foreclosure.
• Be aware of the deadlines and ensure timely submission of all required documents to the court.

By following these steps and understanding the importance of each section of the CP10.5 form, you can effectively assert your right to possession and navigate the eviction process more confidently.