Unlawful Detainer
Form UD-105
Purpose: This is the primary form for tenants to respond to an eviction lawsuit. It allows tenants to deny or admit the claims made by the landlord and present defenses to the eviction.
When Needed: Filed in response to a landlord’s complaint in an Unlawful Detainer action (eviction lawsuit).
Form UD105 ⏬
Proof of Service
POS-030
Purpose: This form is used to show that the tenant’s response (such as the Answer—Unlawful Detainer) has been mailed to the landlord or their attorney.
When Needed: When serving any court documents by mail, this form is required to prove that the tenant mailed their legal documents.
POS-030 ⏬
Request to Waive Court Fees
FW-001
Purpose: Tenants who cannot afford to pay court filing fees can use this form to request that the court waive the fees.
When Needed: Filed when tenants wish to request a fee waiver due to financial hardship.
Form FW-001 ⏬
Order on Court Fee Waiver
FW-003
Purpose: This is the court’s order either approving or denying the tenant’s request to waive fees.
When Needed: After submitting the FW-001 (Request to Waive Court Fees), the court will issue this form to approve or deny the request.
Form FW-003 ⏬
Demurrer – Unlawful Detainer
UD-100
Purpose: Tenants can file a demurrer to challenge the legal sufficiency of the landlord’s complaint. A demurrer argues that the complaint does not state valid legal grounds for eviction.
When Needed: Used when the tenant believes the complaint itself is legally insufficient, such as when the landlord fails to meet the necessary requirements for an eviction.
Motion to Quash Service of Summons
CIV-160
Purpose: This motion can be used when a tenant wants to challenge the landlord’s method of serving the eviction notice or lawsuit. It argues that the court doesn’t have jurisdiction because the tenant was improperly served.
When Needed: Filed if the tenant believes they were not properly served with the summons or complaint in the eviction case.
Form CIV-160 ⏬
Notice of Related Case
CM-015
Purpose: Used to inform the court that there is another related legal case, such as a habitability lawsuit or another lawsuit involving the same property or parties.
When Needed: Filed if the tenant is involved in another legal case related to the eviction.
Ex Parte Application for Stay of Execution
Purpose: Tenants can file this form to ask the court for more time before being evicted. A stay of execution delays the lockout by the sheriff.
When Needed: Filed after a judgment for eviction is entered and the tenant wants more time to move out.
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