Step 2
The Complaint
When the day after the last day of your count has come, it is time to prepare and file a SUMMONS and a COMPLAINT with the court. Each state has COURT RULES under which their respective judicial systems operate. Those court rules are intended to standardize and simplify the the forms and written documents the courts use. There are many good reasons why this is so, but one good reason is so that clerks and judges do not have to read every word in every pleading or document. Just imagine the difficulty of understanding each attorney's use of their own legalize to convey some relatively simple point. Additionally, we each have a right to represent ourselves in a court of law, with or without legal training. Consequently court forms are designed so that one need only fill in a few blanks and check appropriate boxes to comply with state law requirements for any notice, motion, pleading, judgment or court order.
Each state's COURT RULES are somewhat different and mandate some different time frames for each part of an eviction. Therefore, the forms you must use for an eviction lawsuit are also likely to be a little different from state to state. It is imperative that you use those provided for by the court rules of your state.
We are providing a few different state's summons and complaints for you to open and review. We used the California three day Notice to Quit previously, so we suggest that you now print the California Unlawful Detainer Complaint and the companion Summons.
Florida forms and time frames are very similar to California, as are many other states. We have included a Florida step-by-step page and all of their necessary forms that you may want to review as well.
You can look at examples from some other states to review the kind of differences between them as well. Index of Forms
Preparing the complaint is the most difficult and we will discuss it first. There are usually several different complaint forms that are to be used, depending on your state, and there may be one to match each type of Notice to Quit. You will see a *NOTE near the bottom of the Complaint you just printed that warns you not to "use this for for evictions after the sale". You are not, are you?
The top of the form is pretty self explanatory.
You would type in your name and address in the upper left box. Then type in the court information in the next box down.
Finally, the PLAINTIFF - you, and the DEFENDANT - your tenants names.
Remember, a tenant is "usually" defined as someone who pays rent to occupy the property. However, there may be one or more John and/or Jane Does living in the premises with your tenants. If you know that there are, check the box and enter a number.
DOES 1 TO ______
OK, it is very important now that you read the entire form over before you start checking boxes and filling in blanks. Make sure you understand what kind of eviction you are asking for and that you have the necessary documents to attach to the Complaint.
Line 1 should be easy for you. You are (1), (3) or (4). If you are (3) or (5) call your lawyer. If you are (3), go to b. and fill in your DBA (Doing Business As) name.
Line 2 calls for the complete address of the rental property, including apartment number, if any, and the county.
Line 3 You should check owner.
Line 4 states you do not know who the DOES are that may be living with your tenants. If you do, you should probably name them as additional tenants.
Line 5 Type in the beginning rental date and defendants names, then check all boxes that apply to your case. If you check b. written, then you must also check e. and attach a signed copy.
Line 6.
a. Check the box next to the type of notice that was sent. In this case, (1) 3-day notice to pay rent or quit.
b. If necessary, refer back to Counting the Days and fill in the appropriate date.
e. Attach copy of your 3-day notice.
Line 7 Check the appropriate boxes and fill in the dates.
Line 8 does not apply to our nonpayment issue.
Line 9 Fill in the amount of rent that was past due on the notice date.
Line 10 Divide your rent amount by 30 days and enter that amount; or enter the amount of rent that might be charged for a similar property in your market that is rented by the day. Be prepared to substantiate your claim with testimony or evidence.
Line 11 is not relevant to our simple nonpayment issue.
Line 12 Check the box only if the issue is addressed in your written agreement.
Line 13 If you are evicting from a rent controlled property you should consult an attorney. There are too may variables to consider here.
Line 14 Check if appropriate.
Line 15 Self Explanatory and might apply in Small Claims Court.
Line 16 Check all boxes that apply; fill in amounts and dates.
Line 17 If you attached a written agreement, notice and any other exhibits, enter the total number of pages here.
Line 18 Check only if it applies to you.
FINALLY: Type or print your name at the bottom and sign.
Most of the California UD Summons, and those of other states, is pretty self explanatory. You, or the court clerk, will fill in the name and address of the court. Then enter the CASE NUMBER the clerk provides in the box.
Once again the California form will ask if you received assistance from a UD assistant. You have not, so you can skip to the last section on the page and fill in the NOTICE TO THE PERSON SERVED.
The back of the Summons contains the form for PROOF OF SERVICE. This section will usually be filled out by the process server; in California a sheriff, marshal, or constable.
Tenant's Answer to Landlords Complaint:
Sometimes the tenant will answer the complaint and challenge the landlord's allegations. You should review the form, and the California Timeline, to see how an answer can effect your eviction.
See California Eviction Timeline.
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