Fill out forms to start an eviction case

You can start an eviction (unlawful detainer) case if your tenant didn’t do what you asked for in the Notice and the deadline in the Notice has passed. Your next step is to fill out forms to ask the judge to order your tenant to move out (and pay you if they owe past due rent).

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Before you start

Make sure your tenant's deadline passed

You can only file an eviction case if the Notice deadline passed. Each Notice has a different deadline

How do I calculate the deadline?

To calculate the Notice deadline, start with the number of days in the Notice's name. Day 1 is the day after the Notice was delivered to the tenant if handed to them or the day after it was mailed to them if your tenant wasn't handed the Notice in person.

If your Notice says your tenant can do something to fix the problem, like a 3 Notice to Pay Rent or Quit or a 3-day Notice to Perform or Quit, then do not count Saturdays, Sundays or court holidays.
If your Notice does not say your tenant can fix the problem, like a 3-day Notice to Quit or a 30- or 60-day Notice to Quit, then you count every day.

Example: 3-day notice to perform covenants or quit

If this Notice was delivered on a Thursday, then Day 1 is Friday, Day 2 is Monday (if not a court holiday), Day 3 is Tuesday (if not a court holiday). So if the tenant doesn't do what you asked for in the Notice or move out, you can start a court case on Day 4, Wednesday.

EXAMPLE: 30-day Notice of Termination of Tenancy

If this Notice was delivered on a Thursday, then Day 1 is Friday, Day 2 is Saturday, Day 3 is Sunday, Day 4 is Monday, Day 5 is Tuesday and you keep counting on the calendar until you get to Day 30. If the tenant doesn't move out, you can start a court case on Day 31.

Gather papers you’ll need to attach to the court forms

A copy of the lease or rental agreement (if there is one) and any written changes the tenant agreed to
A copy of the Notice you gave your tenant(s)
A copy of written proof your tenant was given the Notice
Anything else that will help prove to the judge that your tenant should move out

You may need legal help with this.

Evictions are very detail-oriented. You can lose your case even if you only make a small mistake, like counting days wrong or asking for too much past due rent by accident. If you lose, you have to start the whole case over.