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Evictions - A to Z (Law Offices of Phoenix Thottam)
Preparing the Complaint
In the unlawful detainer complaint, you allege why the tenant should be evicted. The complaint also formally requests a judgment for possession of the premises and any sums that you may be owed as back rent (in nonpayment of rent evictions), damages, court costs, and attorneys’ fees. The original of your unlawful detainer complaint is filed with the court. A copy is given to (served on) each defendant along with a copy of the summons. (See “Serving the Papers on the Defendant(s): Service of Process,” below.) Together, filing and serving the complaint and summons initiate the lawsuit.
Rent vs. Damages
Rent vs. Damages It’s important to understand the legal difference between “rent” and “damages,” because you’ll need to list them appropriately on your complaint: Rent is money that the tenant owes you, a debt that arose before the three-day notice for the use of the premises expired. It includes unpaid rent up to that date, but nothing else. Damages arise during the period when the tenant deprives the landlord from taking back the property, after the termination notice expires and before the landlord gets a judgment from the court. For example, suppose that after you file the unlawful detainer action, the tenant remains in the apartment, up until the date of judgment. Your damages are the equivalent of the daily rent (called the daily rental value) from the date the notice expired through the date of judgment.
Readying Summons & Complaint for Filing
(1) Unlawful detainer complaint (front facing you, on top); (2) Attachments, in numerical order if there are more than one; (3) Exhibit 1 (copy of written rental agreement) if applicable (see Item 6e, above); (4) Exhibit 2 (copy of three-day, 30-day, or 60-day notice) if notice was served (see Item 7, above), and (5) Exhibit 3 (copy of proof of service of the notice).