- 3-Day Notice to Pay Rent or Quit: Demands payment of overdue rent within three days or surrender of possession before an unlawful detainer (UD) may be filed.
Authority: “When the tenant continues in possession … after default in the payment of rent … and three days’ notice … requiring its payment … or the possession of the property, shall have been served upon the tenant.” — Code Civ. Proc. § 1161(2).
- 3-Day Notice to Perform Covenants or Quit: Requires the tenant to cure a non-rent lease breach within three days or move out.
Authority: “When the tenant continues in possession … after a neglect or failure to perform other conditions or covenants … and three days’ notice … requiring the performance … or the possession of the property, shall have been served.” — Code Civ. Proc. § 1161(3).
- 3-Day Notice to Quit (Unconditional): Demands move-out within three days for incurable causes (e.g., nuisance, unlawful use, waste).
Authority: “Maintaining, committing, or permitting the maintenance or commission of a nuisance … [the landlord] shall upon service of three days’ notice to quit … be entitled to restitution of possession.” — Code Civ. Proc. § 1161(4).
- 30-Day Notice to Terminate (Month-to-Month): Ends a month-to-month tenancy when the tenant has occupied the unit for less than one year (subject to just-cause/local laws).
Authority: “As to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice.” — Civ. Code § 1946(a).
- 60-Day Notice to Terminate (Month-to-Month): Ends a month-to-month tenancy when a tenant has occupied for one year or more (subject to just-cause/local laws).
Authority: “An owner … shall give notice at least 60 days prior to the proposed date of termination … [but] shall give notice at least 30 days … if a tenant … has resided … for less than one year.” — Civ. Code § 1946.1(b), (c).
- 90-Day Post-Foreclosure Notice to Quit: For bona fide tenants after a foreclosure (and certain fixed-term leases).
Authority: “Tenants or subtenants holding possession … under a fixed-term residential lease … shall have the right to possession until the end of the lease term … except that the tenancy may be terminated upon 90 days’ written notice to quit….” — Code Civ. Proc. § 1161b(b).
- Summons (UD): Notifies the tenant of the lawsuit and short response deadline applicable to UD cases.
Authority: “The summons shall be in the form specified in Section 412.20 except that … the defendant’s response shall be filed within 10 days … after the complaint is served….” — Code Civ. Proc. § 1167(a).
- Complaint — Unlawful Detainer: Alleges the grounds for eviction and seeks possession (and, if applicable, rent/damages).
Authority: “In an action regarding residential property, the plaintiff shall attach to the complaint … (A) A copy of the notice … (B) A copy of any written lease or rental agreement….” — Code Civ. Proc. § 1166(d)(1)(A)–(B).
- Prejudgment Claim of Right to Possession (served with Summons/Complaint): Binds unknown occupants if they do not timely appear.
Authority: The process server “shall serve a prejudgment claim of right to possession for all other persons who may claim to occupy the premises … by leaving a copy … at the premises … and sending the same addressed to ‘all occupants in care of the named tenant.’” — Code Civ. Proc. § 415.46(c)(3).
- Proof of Service of Summons: Establishes valid service of the UD papers.
Authority: “Proof that a summons was served … shall be made … by the affidavit of the person making the service showing the time, place, and manner of service…. All proof of personal service shall be made on a form adopted by the Judicial Council.” — Code Civ. Proc. § 417.10(a), (f).
- Answer (Tenant): Tenant’s responsive pleading admitting/denying allegations and asserting defenses.
Authority: (Timing incorporated by UD summons statute) “The defendant’s response shall be filed within 10 days … after the complaint is served….” — Code Civ. Proc. § 1167(a).
- Demurrer: Challenges legal sufficiency of the UD complaint on specified grounds.
Authority: “The party against whom a complaint … has been filed may object, by demurrer … to the pleading on any one or more of the following grounds….” — Code Civ. Proc. § 430.10.
- Motion to Quash Service of Summons: Contests personal jurisdiction for improper service; not a vehicle to test complaint merits.
Authority: “A defendant … may … file a notice of motion … [t]o quash service of summons on the ground of lack of jurisdiction….” — Code Civ. Proc. § 418.10(a)(1). “A defendant may not use a motion to quash service of summons to dispute the truth of the allegations contained in an unlawful detainer complaint.” — Stancil v. Superior Court, 11 Cal.5th 1039, 1047 (2021).
- Motion to Strike: Strikes irrelevant/improper matter or non-conforming pleadings.
Authority: “The court may … (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” — Code Civ. Proc. § 436.
- Request to Set Case for Trial (UD-150): After an Answer is filed, asks the court to set an expedited trial date.
Authority: “Trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made.” — Code Civ. Proc. § 1170.5(a).
- Request for Entry of Default: Used if the tenant fails to respond by the deadline.
Authority: “The clerk, upon written application of the plaintiff and proof of the service of summons and complaint, shall enter the default of any defendant so served.” — Code Civ. Proc. § 1169.
- Default Judgment: Judgment following a tenant’s default; may be for possession (and money, if proven).
Authority: “Judgment may be had, if the defendant fails to answer the complaint, as follows … the clerk … shall enter the default … and … enter judgment….” — Code Civ. Proc. § 585.
- Order for Posting & Mailing (Service by Posting): Court order permitting posting and mailing when personal/substitute service cannot be accomplished with reasonable diligence.
Authority: “A summons in an action for unlawful detainer … may be served by posting if upon affidavit it appears to the satisfaction of the court … that the party to be served cannot with reasonable diligence be served in any manner … other than publication….” — Code Civ. Proc. § 415.45(a).
- Writ of Possession (Real Property): Directs the sheriff to restore possession to the landlord after judgment.
Authority: “A judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.010.” — Code Civ. Proc. § 715.010(a). “After entry of a judgment for possession … a writ of possession … shall be issued by the clerk of the court upon application of the judgment creditor….” — Code Civ. Proc. § 712.010.
- Execution of Writ — Sheriff’s Notice to Vacate: Sheriff serves the writ and posts a short “Notice to Vacate” before lockout.
Authority: “To execute the writ of possession … the levying officer shall serve a copy of the writ of possession on one occupant … [or] by posting a copy of the writ in a conspicuous place … and serving a copy … on the judgment debtor.” — Code Civ. Proc. § 715.020(a)–(b).
- Writ of Execution (Money Judgment): Enforces the money portion of the judgment (levies, garnishments).
Authority: “The writ of execution shall require the levying officer … to enforce the money judgment….” — Code Civ. Proc. § 699.520.
- Claim of Right to Possession (Post-Judgment): Allows unnamed occupants to claim a right to stay; halts the lockout pending hearing.
Authority: “An occupant may file a claim of right to possession at any time up to and including the time at which the levying officer returns to effect the eviction.” — Code Civ. Proc. § 1174.3(a).
- Motion to Stay Execution (Hardship Stay): Seeks temporary delay of lockout; may be conditioned on rent payments.
Authority: “The trial court may stay the enforcement of any judgment or order.” — Code Civ. Proc. § 918(a). In UD appeals: “An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. … [A] stay … shall be granted when the court finds … extreme hardship … and that the nonmoving party will not be irreparably injured.” — Code Civ. Proc. § 1176(a).
- Notice of Appeal (Limited Civil UD): Initiates appeal to the Superior Court Appellate Division; separate stay request required in UD.
Authority: “A notice of appeal must be filed on or before the earliest of: (A) 30 days after the trial court clerk serves … ‘Notice of Entry’ of judgment ….” — Cal. Rules of Court, rule 8.822(a)(1)(A).
- Motion to Set Aside/Vacate Default or Judgment: Seeks relief from default/judgment (e.g., mistake/excusable neglect; no actual notice).
Authority: “The court may … relieve a party … from a judgment … taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” — Code Civ. Proc. § 473(b). “When service of a summons has not resulted in actual notice … and a default or default judgment has been entered … [the party] may … move to set aside the default or default judgment … within a reasonable time….” — Code Civ. Proc. § 473.5(a).
- Acknowledgment of Satisfaction of Judgment: Confirms full payment; should be filed promptly by the judgment creditor.
Authority: “When a money judgment is satisfied, the judgment creditor immediately shall file … an acknowledgment of satisfaction of judgment.” — Code Civ. Proc. § 724.030.