Proving an Unlawful Detainer Eviction Case in California


Rental PropertyReady to file your California eviction case? As a landlord, in order to win your case, you must meet the following requirements:

  1. You must have the legal capacity to sue. You must be able to show that you are the right person to sue the tenant.
  2. You must be able to show a landlord/tenant relationship exists between you and your tenant.
  3. You need to show that there is a rental agreement in effect. If the agreement is written, you must include a copy of it with the complaint.
  4. You must file the unlawful detainer eviction case in the appropriate court.
  5. The complaint must clearly identify the property where the tenant is living.
  6. You must have properly drafted and served a termination notice on the tenant.
  7. You must prepare and include supporting facts (for example, non-payment of rent, or failure to cure a violation).
  8. The tenant must still be in possession of the property and you must allege this fact in the complaint.
  9. You must request possession of the property in your complaint.
  10. If your property is in a rent control area, you must comply with the rent control laws, and allege compliance in your complaint.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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