UD-100 – Complaint Unlawful Detainer – California Courts
The document is a form for filing a unlawful detainer complaint California, revised as of January 1, 2024. This legal form is approved for optional use by the Judicial Council of California and is applicable under the Civil Code, § 1940 et seq, and the Code of Civil Procedure, §§ 425.12, 1166. It is designed for individuals seeking to initiate a legal process to regain possession of property due to the unlawful retention by another party, typically used in landlord-tenant disputes over eviction proceedings.
The form, identified as ud-100, requires detailed information from the plaintiff (the party filing the complaint), including personal and contact details, and the specifics of the legal representation if available. It outlines the jurisdiction under which the complaint falls, differentiating between limited civil cases (where the amount demanded does not exceed $35,000) and unlimited civil cases (where the amount demanded exceeds $35,000).
Key sections of the form include:
- Identification of the plaintiff(s) and defendant(s), including any “Doe” defendants whose real names are not known at the time of filing.
- Details of the plaintiff’s legal interest in the property and the basis for claiming possession, including whether the plaintiff is an individual, corporation, partnership, or other entity.
- A description of the premises involved, including its location and construction year, to establish venue and jurisdiction.
- The nature of the tenancy agreement between the plaintiff and defendant, including rent details, the period of tenancy, and any modifications to the original agreement.
- Statements regarding compliance with specific California laws relevant to the tenancy and the reasons for its termination, such as the Tenant Protection Act of 2019.
- Detailed accounts of notices served to the defendant, including the types of notice (e.g., notice to pay rent or quit), methods of service, and the defendant’s response or lack thereof.
- Plaintiff’s requests for relief, including possession of the premises, costs incurred, past-due rent, reasonable attorney fees, and any applicable damages.
The form must be signed by the plaintiff or their attorney, affirming under penalty of perjury that the information provided is true and correct. Additionally, if an unlawful detainer assistant has been used in preparing the form, their details must be disclosed.
This form is a critical document in the process of evicting a tenant under California law, providing a structured means for landlords to present their case to the court. It emphasizes legal requirements and procedural details essential for the court’s consideration in eviction proceedings.
Filling out the UD 100 Complaint for Unlawful Detainer form requires careful attention to detail and accuracy to ensure all necessary legal information is conveyed correctly. Here is a step-by-step guide on how to fill it out:
Page 1: Case Information and Plaintiff/Defendant Details
- For Court Use Only: Leave blank unless specified by court personnel.
- Attorney or Party Without Attorney: Fill in your name, firm name (if applicable), address, telephone number, fax number (optional), and email address. If you’re represented by an attorney, this section should be completed with their information.
- Attorney For (Name): Specify the name of the plaintiff if represented by an attorney.
- Superior Court of California, County of: Enter the county where the lawsuit is being filed.
- Plaintiff: Write the name of the landlord or property owner initiating the complaint.
- Defendant: Write the name of the tenant or occupant being sued. Use “Does 1 to __” to include unidentified parties.
- Jurisdiction: Check whether the case is a Limited Civil Case or an Unlimited Civil Case based on the amount demanded.
Page 2: Complaint Details
- Plaintiff (Name Each): Repeat your name as the plaintiff.
- Defendant (Name Each): Repeat the name(s) of the defendant(s).
- Complaint Details (Sections 1-5): Provide detailed information about the plaintiff and defendant, the rental property in question, and the legal basis of the complaint, including any violations of the rental agreement.
Page 3: Allegations and Requests
- Allegations: Detail the reasons for the unlawful detainer, including failure to pay rent, violation of lease terms, etc. Specify the dates of any notices given to the tenant.
- Requests: Clearly state what you are asking the court to order, such as eviction of the tenant, recovery of unpaid rent, legal costs, and any damages.
Page 4: Plaintiff Requests and Verification
- Plaintiff Requests: Specify the relief you are seeking, including possession of the property, past-due rent, legal fees, and any damages.
- Unlawful Detainer Assistant (If applicable): If an assistant helped fill out the form, provide their information here.
- Verification: Sign and date the form to verify that the information provided is true and correct. If the form is filled out by an attorney, a different verification form may be needed.
Additional Tips
- Attachments: If you need to provide additional information or documentation (e.g., a copy of the rental agreement or notices given to the tenant), label these as exhibits and attach them to the form.
- Review: Double-check all information for accuracy and completeness before filing the form with the court.
- Filing: Submit the completed form to the appropriate court, along with any filing fees. The court will then provide you with a case number.
It is highly recommended to consult with a legal professional or seek assistance from a court self-help center when filling out legal forms to ensure compliance with all legal requirements and procedures.