Fill out forms to start an eviction case
You can start an eviction (unlawful detainer) case if:
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Your tenant didn’t do what you asked in the notice, and
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The notice deadline has passed.
Your next step is to fill out court forms to ask the judge to order your tenant to move out. You can also ask for past-due rent if they owe it.
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Before you start
Make sure your tenant's deadline passed
You can only file after the notice deadline. The deadline depends on the type of notice.
• Look at the number of days in the notice’s name.
• Day 1 is the day after delivery or mailing.
If the notice lets the tenant fix the problem (3-day notice to pay or perform), don’t count weekends or court holidays.
If the notice doesn’t let them fix it (3-day notice to quit, 30- or 60-day notice), count every day.
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Example: 3-day notice to perform covenants or quit
Notice delivered Thursday →
Day 1: Friday → Day 2: Monday →
Day 3: Tuesday → File on Wednesday (Day 4) if tenant doesn't fix the problem. -
EXAMPLE: 30-day Notice to quit
Notice delivered Thursday →
Day 1: Friday → Keep counting calendar days → File on Day 31 if tenant doesn't move out.
Gather your papers
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Lease or rental agreement (and any changes the tenant agreed to)
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Copy of the notice
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Proof you gave the notice
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Other proof to show the judge the tenant should move out
⚠️ Eviction cases are detail-heavy. Even small mistakes can make you lose and start over. Get help from a lawyer or self-help center.
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Fill out the forms
🔗 All court form links open in a new tab so you don’t lose your place.
To start the eviction case, fill out 4 court forms:
Use the superior court in the county where the rental is located and the courthouse that handles evictions. That’s the address you’ll enter at the top of the forms and on the Summons under your name and address.
List all tenants and occupants
You are the plaintiff. Tenants and other residents are defendants.
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List everyone, even if not on the lease.
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If you don’t, they can stop the eviction later and you’ll have to start over.
💵 Pay the filing fee or ask for a fee waiver
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Fee is usually $240–$450.
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The more past-due rent you ask for, the higher the filing fee.
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Can’t afford it? Ask for a fee waiver.
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Check for local forms
Key takeaways
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You can only file after the notice deadline passes
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Count days carefully based on the notice type
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List all tenants and occupants to avoid delays
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Filing fee is $240–$450 (ask for a fee waiver if needed)
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Some courts have extra local forms. Check before filing
Eviction