Filing an Unlawful Detainer is where the eviction becomes an official legal matter. At this stage, accuracy matters more than speed. A single missing attachment or misfiled form can cause the clerk to reject your case and force you to start over.

Confirming the Notice Period Has Ended

Before filing, double-check the notice dates. Filing too early—even by one day—is grounds for immediate dismissal. Courts will not overlook this mistake. Make sure your proof of service is also ready.

Preparing the Core Court Forms

An Unlawful Detainer complaint typically includes four major documents: the UD-100 Complaint, SUM-130 Summons, CM-010 Case Cover Sheet, and POS-010 Proof of Service for later. You must attach your lease, notices, and proof of service as exhibits. These attachments help the court verify that your eviction is valid.

Filing With the Court

Many counties now allow online filing, which helps speed processing. Once your filing fee is accepted, the clerk stamps your documents and issues the Summons. These must then be served on the tenant.

Serving the Lawsuit

Personal service by a professional server is ideal. Once served, the tenant has five business days to respond. This phase determines the pace of the eviction.

Setting Trial or Getting a Default

If the tenant does not respond, request a default judgment. If they do respond, the court will set a trial date, often within two to six weeks depending on county workload.