Sections
29 entriesSection 1159Defines forcible entry to include violent or terror-inducing entry onto real property and peaceable entry followed by forcibly, threateningly, or menacingly ousting…Section 1160Defines forcible detainer as unlawfully holding real property by force or threats, or entering at night or during the occupant’s absence and…Section 1161Defines unlawful detainer to include holding over after term expiration, rent default after three-day notice excluding holidays, and lease breaches after similar…Section 1161.1Allows a commercial landlord to obtain possession based on a reasonably estimated rent demand even if the stated amount is incorrect, while…Section 1161.2Limits unlawful-detainer access for the first 60 days to parties, specified requesters or residents, and good-cause order recipients, with later access tied…Section 1161.2.5Limits access to civil case records seeking COVID-19 rental debt to parties, qualifying identified requesters or residents, and persons obtaining a court…Section 1161.3Defines “abuse or violence” to include specified domestic violence, sexual assault, stalking, human trafficking, elder or dependent-adult abuse, and listed violent acts.…Section 1161.4Prohibits a landlord from forcing a tenant or occupant to leave or seeking possession because of immigration or citizenship status, including perceived…Section 1161.5Sets aside a landlord’s stated election to forfeit a lease or rental agreement when the tenant or lessee performs the required obligation…Section 1161aAllows removal of a person holding over in specified manufactured homes, mobilehomes, floating homes, or real property after a qualifying sale and…Section 1161bRequires 90 days’ written notice before removing a month-to-month or periodic tenant after foreclosure and preserves fixed-term leases entered before title transfer…Section 1162Allows required termination notices to be served personally, by suitable-person delivery plus mail when the tenant is absent, or by posting plus…Section 1162aAllows service of a copy or copies of a receiver’s or levying officer’s deed, using the service method provided in the referenced…Section 1164Limits necessary defendants in the possession proceeding to the tenant and any subtenant actually occupying when the complaint is filed, and bars…Section 1165Establishes that, except as provided in the preceding section, Part II provisions governing parties to civil actions apply to the proceeding. The…Section 1166Requires an unlawful-detainer complaint to be verified and state prescribed facts, property, rent-default, and notice-service information; residential complaints generally must attach termination…Section 1166aAllows a plaintiff, after filing the complaint, to seek immediate possession by writ when the court finds after hearing that the defendant…Section 1167Requires the summons to use the standard civil form but gives the defendant 10 days after complaint service, excluding weekends and judicial…Section 1167.1Allows the court to dismiss the action without prejudice when proof that the summons was served has not been filed within 60…Section 1167.3Limits the defendant in an action under the chapter to five days to answer an original or amended complaint or amend an…Section 1167.4Sets a defendant’s specified motion hearing between three and seven days after filing the notice in chapter actions. Extends the time to…Section 1167.5Limits extensions of time in actions under the chapter for the causes specified in the referenced provision to no more than 10…Section 1169Requires the clerk, on plaintiff’s written application and proof of service, to enter default against a served defendant who fails to appear…Section 1170Allows a defendant by the appearance date to answer, demur, or move to strike, and sets demurrer or strike hearings five to…Section 1170.5Requires trial within 20 days after the request to set trial when the defendant appears, unless all parties agree to extend or…Section 1170.7Allows a motion for summary judgment to be made at any time after the answer is filed, provided the moving party gives…Section 1170.8Allows a discovery motion to be made at any time in an action governed by the chapter, provided the moving party gives…Section 1170.9Requires the Judicial Council to adopt rules, consistent with statute, setting the time for filing and serving opposition and reply papers, if…Section 1171Requires any factual issue presented by the pleadings to be tried by a jury unless the jury is waived as in other…