Landlord Frequently Asked Questions

1. What forms do I need to file with the court to get the tenant out?

1. Original Complaint (UD-100);
2. Original Civil Case Cover Sheet (CM-010);
3. Original Summons (SUM-130);
4. Copy of the Notice (Demand Notice);
5. Copy of the Rental Agreement (Optional); and
6. Copy of any Attachments.

2. What if I cannot afford the court fees and cost?

1. Apply for Waiver of Court Fees and Costs (FW-001);
2. Submit an Order on Application for Waiver of Court Fees and Costs (FW-003);
3. Bring proof of income along with the fee waiver- (for example: the last two pay-stubs, documentation from Employment Development Department (E D D) - see the Information Sheet on Waiver of Court Fees and Costs (FW-001);
4. For more information seek legal advice.

3. I served the tenant. How do I get my trial date?

1. If the tenant files an answer, you can Request to Set Case for Trial (UD-150) - a copy must be mailed to each answering tenant before filing; and
2. Original Proof of Service (POS-010) - for each tenant.

4. How can I find out if the tenant responded to the complaint?

1. You can contact the court at (916) 875-7746; please have your case number ready.

5. What forms do I need for a Default/Clerk's Judgment and possession?

1. Original Proof of Service (POS-010) - for each tenant;
2. Request for Entry of Default (CIV-100);
3. Judgment by Default by Clerk (UDL/E-4 or UD-110); and
4. Writ of Possession (EJ-130).

6. What do I do after a Writ of Possession has been issued by the court?

1. Take the original Writ of Possession (EJ-130) to the Sheriff's Civil Department located at: 3341 Power Inn Road, Room 313.

7.Can a lock-out be delayed?

1. Yes, if the tenant files a motion requesting a delay of the lock-out.