This form is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.
A forcible entry and detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non-residential.
The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
Santa Clara California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d is a legal document used in the state of California, specifically in the county of Santa Clara, to obtain a default judgment in an unlawful detained case. This declaration is filed by the plaintiff (the party initiating the eviction) after the defendant (the tenant) has failed to respond to the eviction lawsuit within the specified time frame. The Santa Clara California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d includes various elements that must be addressed for the court to grant a default judgment. These elements include: 1. Case details: The declaration includes the case number, the names of the plaintiff and defendant, and the court in which the lawsuit was filed. 2. Service of summons and complaint: The plaintiff must provide proof of properly serving the defendant with the summons and complaint, demonstrating that the defendant had been properly notified about the eviction lawsuit. 3. Non-response from the defendant: The declaration should clearly state that the defendant failed to respond to the eviction lawsuit within the required time period. The plaintiff must specify the date on which the summons and complaint were served and the deadline for the defendant to respond. 4. Statement of default: The declaration should state that the defendant is in default due to their failure to respond, and explain the legal consequences of defaulting, which typically involve the plaintiff being able to obtain a default judgment. 5. Declaration of the amount owed: The plaintiff must declare the total amount of unpaid rent and any other monetary claims, such as damages or late fees, owed by the defendant. 6. Documentary evidence: The declaration may include supporting documents, such as a lease agreement, payment records, or any other relevant evidence that can substantiate the plaintiff's claims. Types of Santa Clara California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d: — Residential UnlawfuDetaineder: This type of declaration is used when the eviction involves a residential property, such as an apartment, house, or condominium unit. — Commercial UnlawfuDetaineder: This type of declaration is used when the eviction involves a commercial property, such as a store, office, or warehouse. The procedures may differ slightly from a residential unlawful detained case, considering the different contractual and legal obligations applicable to commercial leases. It is essential to note that these descriptions are not legal advice but rather general information to help understand the nature and purpose of the Santa Clara California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d. Individuals involved in such legal processes should seek professional legal counsel to ensure compliance with local laws and regulations.Santa Clara California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d is a legal document used in the state of California, specifically in the county of Santa Clara, to obtain a default judgment in an unlawful detained case. This declaration is filed by the plaintiff (the party initiating the eviction) after the defendant (the tenant) has failed to respond to the eviction lawsuit within the specified time frame. The Santa Clara California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d includes various elements that must be addressed for the court to grant a default judgment. These elements include: 1. Case details: The declaration includes the case number, the names of the plaintiff and defendant, and the court in which the lawsuit was filed. 2. Service of summons and complaint: The plaintiff must provide proof of properly serving the defendant with the summons and complaint, demonstrating that the defendant had been properly notified about the eviction lawsuit. 3. Non-response from the defendant: The declaration should clearly state that the defendant failed to respond to the eviction lawsuit within the required time period. The plaintiff must specify the date on which the summons and complaint were served and the deadline for the defendant to respond. 4. Statement of default: The declaration should state that the defendant is in default due to their failure to respond, and explain the legal consequences of defaulting, which typically involve the plaintiff being able to obtain a default judgment. 5. Declaration of the amount owed: The plaintiff must declare the total amount of unpaid rent and any other monetary claims, such as damages or late fees, owed by the defendant. 6. Documentary evidence: The declaration may include supporting documents, such as a lease agreement, payment records, or any other relevant evidence that can substantiate the plaintiff's claims. Types of Santa Clara California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d: — Residential UnlawfuDetaineder: This type of declaration is used when the eviction involves a residential property, such as an apartment, house, or condominium unit. — Commercial UnlawfuDetaineder: This type of declaration is used when the eviction involves a commercial property, such as a store, office, or warehouse. The procedures may differ slightly from a residential unlawful detained case, considering the different contractual and legal obligations applicable to commercial leases. It is essential to note that these descriptions are not legal advice but rather general information to help understand the nature and purpose of the Santa Clara California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d. Individuals involved in such legal processes should seek professional legal counsel to ensure compliance with local laws and regulations.