Fill out Form UD-100, Complaint—Unlawful Detainer with Instafill.ai
Form UD-100, officially known as the Complaint—Unlawful Detainer, is a legal document used in California to initiate a lawsuit to evict a tenant who remains in possession of property without the landlord's consent after the tenancy has ended. It is crucial for landlords to properly fill out and file this form to legally reclaim their property and potentially recover unpaid rent or damages.
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Form specifications
| Form name: | Form UD-100, Complaint—Unlawful Detainer |
| Form issued by: | Judicial Council of California |
| Number of fields: | 178 |
| Number of pages: | 4 |
| Version: | 2024 |
| Download form: | https://courts.ca.gov/sites/default/files/courts/default/2024-11/ud100.pdf |
| Language: | English |
Form UD-100, Complaint—Unlawful Detainer free printable template
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Follow these steps to fill out your UD-100 form online using Instafill.ai:
- 1 Visit instafill.ai site and select UD-100
- 2 Enter plaintiff and defendant details
- 3 Fill in property and tenancy information
- 4 Specify notice served details
- 5 Complete requests for relief section
- 6 Sign and date the form electronically
- 7 Check for accuracy and submit form
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Frequently Asked Questions About Form UD-100
The purpose of Form UD-100, Complaint—Unlawful Detainer, is to initiate a legal action to evict a tenant from a rental property. This form is used by landlords or property owners to reclaim possession of their property from tenants who have failed to pay rent, violated the terms of the lease agreement, or stayed beyond the lease term without permission.
A Form UD-100, Complaint—Unlawful Detainer, can be filed by the landlord, property owner, or their authorized representative. The plaintiff must have a legal right to the property and must be seeking to evict a tenant for reasons such as non-payment of rent, lease violation, or holding over after the lease term has expired.
The jurisdictional limits for filing a Form UD-100, Complaint—Unlawful Detainer, typically involve the property being located within the court's jurisdiction where the complaint is filed. Additionally, the amount of rent or damages claimed must fall within the monetary limits set by the court, often the small claims court limits, which vary by jurisdiction.
The amount demanded in a Form UD-100 is determined based on the unpaid rent, any damages to the property beyond normal wear and tear, and other costs specified in the lease agreement or allowed by law. The plaintiff must provide a detailed account of how the demanded amount was calculated, including any late fees, legal fees, or other charges.
In Form UD-100, the plaintiff must provide their full legal name, address, and contact information. If the plaintiff is a business entity, the legal name of the business, the type of entity (e.g., corporation, LLC), and the name and title of the person authorized to act on behalf of the business must be included. Additionally, the plaintiff must state their relationship to the property (e.g., owner, landlord) and provide any relevant details establishing their right to file the complaint.
Form UD-100 requires the full name and address of the defendant(s) being sued in the unlawful detainer action. If there are multiple defendants, each one's name and address must be listed. This ensures proper identification and service of process.
The venue for filing Form UD-100 is determined by the location of the rental property in question. The complaint must be filed in the superior court of the county where the property is located. This is to ensure the court has jurisdiction over the matter.
Form UD-100 must include a description of the premises, including the address and any other details necessary to identify the property clearly. This may include the unit number, if applicable, to avoid any confusion about the property in question.
If the unlawful detainer action is based on a written lease or rental agreement, a copy of the agreement must be attached to Form UD-100. The agreement should be legible and include all terms and conditions relevant to the dispute. This helps the court understand the contractual obligations of both parties.
The Tenant Protection Act of 2019 imposes additional requirements on landlords filing Form UD-100, including providing tenants with a notice of their rights under the Act and ensuring compliance with its provisions regarding rent caps and just cause eviction. Landlords must verify that their actions are in accordance with the Act to avoid dismissal of the complaint.
In Form UD-100, the types of notices that can be served include a 3-Day Notice to Pay Rent or Quit, a 30-Day or 60-Day Notice to Quit (for month-to-month tenancies), and a Notice of Termination of Tenancy for specific reasons. The type of notice depends on the reason for the unlawful detainer action.
The notice in Form UD-100 must be served to the defendant in a manner prescribed by law, which typically includes personal delivery, substituted service (leaving the notice with a competent person at the defendant's residence or place of business and mailing a copy), or posting and mailing if the defendant cannot be found. The method of service must comply with state laws to ensure it is legally valid.
In Form UD-100, the plaintiff's requests typically include possession of the property, unpaid rent, damages for the unlawful detainer, costs of the lawsuit, and any other statutory damages or relief the court deems appropriate. The specific requests may vary based on the circumstances of the case.
Statutory damages that can be claimed in Form UD-100 may include unpaid rent, damages for holding over (staying in the property after the notice period has expired), and possibly attorney's fees if the lease agreement provides for it. The exact amount and types of damages depend on state law and the specifics of the case.
The verification process in Form UD-100 is completed by the plaintiff or their attorney signing a declaration under penalty of perjury that the facts stated in the complaint are true to the best of their knowledge. This verification is a legal requirement to proceed with the unlawful detainer action and must be done in accordance with court rules.
An unlawful detainer assistant in Form UD-100 plays a crucial role by providing legal advice, preparing documents, and assisting in the filing process for unlawful detainer actions. They help ensure that the complaint is accurately completed and filed in accordance with state laws, but they cannot represent the landlord or tenant in court unless they are a licensed attorney.
Not attaching a written agreement for residential property in Form UD-100 can lead to the dismissal of the complaint or delays in the court process. The written agreement serves as evidence of the terms between the landlord and tenant, and its absence may hinder the plaintiff's ability to prove their case.
A plaintiff can claim attorney fees in Form UD-100 by including a specific request for such fees in the complaint, provided that the rental agreement or lease includes a clause allowing for the recovery of attorney fees by the prevailing party in a legal dispute. The court will then determine the appropriateness of the fees based on the case's outcome.
The specific requirements for reclassifying an action in Form UD-100 involve filing a motion with the court that demonstrates the action meets the criteria for reclassification, such as the amount in controversy exceeding the jurisdictional limit for unlawful detainer cases. The court will review the motion and make a determination based on the presented evidence and legal standards.
After completing Form UD-100, the plaintiff must file the complaint with the appropriate court and pay the required filing fee. The next steps include serving the defendant with a copy of the complaint and summons, attending any scheduled court hearings, and following through with the court's judgment or orders regarding the unlawful detainer action.
You can download a printable version of Form UD-100
here.
Compliance UD-100
Validation Checks by Instafill.ai
1
Attorney or Party Without Attorney
Ensures that the section is fully completed with all required details, including the name of the attorney or party, firm name if applicable, and complete contact information. Verifies that no fields are left blank to avoid processing delays. Confirms that the information provided matches any associated legal documents. Validates that the contact information is current and can be used for official correspondence.
2
Superior Court of California
Confirms that the section accurately specifies the county where the complaint is being filed, ensuring the correct jurisdiction. Verifies that the court's address and branch name are correctly listed to facilitate proper filing. Ensures that the information matches the official records of the Superior Court of California. Validates that the details are up-to-date to prevent any misdirection of legal documents.
3
Plaintiff and Defendant Information
Ensures that all parties involved in the complaint are listed, including any unknown defendants, with the correct numbering convention. Verifies that the names and roles of each party are clearly stated to avoid confusion. Confirms that the information is consistent with other sections of the form. Validates that the details provided are sufficient for the court to identify all parties involved.
4
Jurisdiction
Validates that the section correctly indicates the type of civil case being filed. Ensures that the amount demanded, if applicable, is clearly stated and matches the allegations. Verifies that the jurisdiction claimed is appropriate for the case details provided. Confirms that all necessary legal standards for jurisdiction are met to avoid dismissal.
5
Plaintiff's Allegations
Checks that the section provides a detailed description of the allegations, including the plaintiff's status and the basis for venue. Ensures that the allegations are clearly stated to support the legal claims. Verifies that the description is comprehensive enough to inform the defendant of the claims against them. Validates that the basis for venue is correctly identified to ensure the case is heard in the appropriate location.
6
Premises Information
Ensures that the 'Premises Information' section is fully completed, including the complete address, city, zip code, and county. It verifies that the status of the premises and the year of construction are accurately provided. This check confirms that all necessary details about the property are present for legal clarity. It also ensures that the information is consistent with other documents related to the case.
7
Plaintiff's Interest in the Premises
Confirms that the 'Plaintiff's Interest in the Premises' section clearly specifies the nature of the plaintiff's interest in the property. It verifies that any required descriptions or additional details are provided to support the plaintiff's claim. This check ensures that the plaintiff's legal standing is properly documented. It also aids in preventing any disputes regarding the plaintiff's rights to the property.
8
Tenancy Agreement
Ensures that the 'Tenancy Agreement' section comprehensively details the terms of the agreement, including specific dates, the type of tenancy, and rent details. It checks for the attachment of a copy of the agreement if applicable, ensuring all parties have access to the terms. This validation confirms that the agreement's terms are clearly stated and legally binding. It also helps in resolving any ambiguities regarding the tenancy terms.
9
Tenant Protection Act of 2019
Validates that the 'Tenant Protection Act of 2019' section correctly indicates whether the tenancy is subject to the act. It ensures that all necessary details are provided if the tenancy is exempt or subject to the act. This check confirms compliance with legal requirements and protections under the act. It also aids in ensuring that both parties are aware of their rights and obligations.
10
Notice Served
Checks that the 'Notice Served' section accurately describes the notice served to the defendant, including the type of notice, date served, and manner of service. It verifies that copies of the notice are attached if required, ensuring proper documentation. This validation ensures that the defendant was properly notified in accordance with legal standards. It also helps in establishing the timeline and method of notification for legal proceedings.
11
Plaintiff's Requests
Ensures that the 'Plaintiff's Requests' section comprehensively lists all demands, including possession of the premises, associated costs, and any additional relief sought. Verifies that each request is clearly stated to avoid ambiguity. Confirms that the section is fully completed to reflect the plaintiff's legal entitlements. Validates that the requests align with the legal standards for unlawful detainer actions.
12
Unlawful Detainer Assistant
Confirms that the 'Unlawful Detainer Assistant' section is accurately completed when applicable, detailing all necessary information about the assistant. Verifies that the assistant's role and involvement are clearly documented to meet legal requirements. Ensures that any fees or agreements related to the assistant's services are disclosed. Validates that this section is omitted if no assistant is involved in the case.
13
Verification
Ensures that the 'Verification' section is properly executed with the plaintiff's or attorney's signature and the current date. Confirms that the declaration of truth under penalty of perjury is included to uphold the form's integrity. Verifies that the signatory has the legal authority to submit the form on behalf of the plaintiff. Validates that the verification complies with jurisdictional requirements for unlawful detainer complaints.
14
Attachments
Checks that all necessary attachments are correctly labeled and attached to the form upon filing, as indicated in the additional notes. Verifies that each attachment is relevant and supports the claims made within the form. Ensures that the attachments are organized and referenced appropriately within the form. Confirms that the inclusion of attachments adheres to the court's filing guidelines.
15
Evictions After Sale
Validates that the form explicitly states it does not pertain to evictions following a sale, in accordance with the additional notes. Confirms that the form's scope is limited to unlawful detainer actions not involving post-sale evictions. Ensures that any references to property sales are clarified to avoid confusion. Verifies that the form's purpose aligns with the legal distinctions between unlawful detainer and eviction after sale.
Common Mistakes in Completing UD-100
Failing to provide accurate and complete attorney or party information can lead to delays in the legal process. Ensure all names, addresses, and contact details are correctly filled out. Double-check the spelling of names and the accuracy of addresses. This mistake can be avoided by reviewing the information against official documents before submission.
Incorrect Superior Court details can result in the complaint being filed in the wrong jurisdiction or rejected. Verify the court's name, address, and case number if applicable. Always confirm the correct court location for the jurisdiction where the property is located. This ensures the complaint is processed without unnecessary delays.
Omitting full names or providing nicknames instead of legal names can invalidate the complaint. Both plaintiff and defendant names should be listed as they appear on legal documents. Include middle names or initials if they are part of the legal name. This thoroughness prevents confusion and ensures all parties are correctly identified.
Not marking the jurisdiction box accurately can lead to the complaint being dismissed for lack of jurisdiction. Carefully read the instructions to determine which jurisdiction applies to your case. Mark the appropriate box to indicate the correct jurisdiction. This step is crucial for the court to accept and process the complaint.
A vague or incomplete description of the plaintiff's allegations can weaken the case. Provide a clear, concise, and detailed account of the unlawful detainer. Include dates, specific incidents, and any relevant communication. This clarity helps the court understand the basis of the complaint and supports a stronger legal argument.
Failing to provide the correct address or detailed description of the premises can lead to delays or dismissal of the complaint. It is crucial to double-check the property's legal description and ensure all details match official records. Including any unit numbers, building names, or specific identifiers can prevent confusion. Verifying this information with the lease agreement or property deed before submission is recommended.
The complaint must clearly state the plaintiff's interest in the property, whether as a landlord, property manager, or another authorized party. Ambiguity in this area can weaken the legal standing of the complaint. Detailing the relationship to the property and any relevant agreements or authorizations is essential. This clarity helps the court understand the plaintiff's right to bring the action.
Omitting specific terms of the tenancy agreement, such as rent amount, payment deadlines, or lease duration, can complicate the case. The complaint should reference or attach the lease agreement to provide a clear basis for the claims. Highlighting any breached terms directly related to the unlawful detainer is particularly important. Ensuring all relevant terms are accurately represented supports the legal arguments presented.
Not addressing the applicability of the Tenant Protection Act 2019 can affect the complaint's validity. The complaint should explicitly state whether the property is subject to this act and how it impacts the case. Understanding the act's provisions and their relevance to the situation is necessary for accurate filing. Clarifying this aspect can prevent procedural setbacks and ensure compliance with current laws.
Incomplete information about the notice served to the tenant, such as the date, method, and content, can undermine the complaint. The complaint must detail how and when the notice was delivered and what it contained. Providing proof of service, like a receipt or affidavit, strengthens the case. Accurate and thorough documentation of the notice process is critical for establishing proper legal procedure.
Failing to fully list the plaintiff's requests can lead to delays or dismissal of the case. It is crucial to detail all demands, including possession of the property, back rent, and any damages. Ensure each request is clearly stated and justified within the complaint. Overlooking this step can weaken the plaintiff's position and result in an unfavorable outcome.
Omitting information about the Unlawful Detainer Assistant, if one is used, is a common oversight. This includes failing to provide the assistant's name, address, and bar number if applicable. Such information is necessary for transparency and compliance with legal procedures. Always verify that all required details about any assistants are accurately included in the form.
A missing verification signature or date invalidates the complaint, making it non-compliant with court requirements. The plaintiff or their attorney must sign and date the verification section to attest to the truthfulness of the claims. This step is fundamental to the legal process and skipping it can halt proceedings. Double-check the form to ensure all necessary signatures and dates are present before submission.
Incorrectly using the UD-100 form for evictions following a property sale is a misuse of the document. This form is specifically designed for unlawful detainer actions, not for post-sale evictions. Utilizing the wrong form can lead to case dismissal and unnecessary legal complications. Always confirm the appropriate form for your specific situation with a legal professional.
Attachments that are not properly labeled can cause confusion and delay in court proceedings. Each attachment should be clearly marked and referenced within the complaint to support the plaintiff's claims. Proper organization and labeling facilitate easier review by the court and opposing party. Take the time to ensure all attachments are correctly identified and organized before filing.
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