This is a resource guide for unlawful detainer litigants which are people involved in the eviction process. It is designed to direct you to a number of resources and locations where you can get help to file or respond to your unlawful detainer case.
Some of the resources will provide you an opportunity to talk with someone about your case, known as legal service providers. Some of the resources will require that you read and understand material about unlawful detainer law, and apply what you read yourself. This is legal reference material.
San Diego Law Library is not a legal service provider. Rather, we provide legal reference. If you seek assistance from San Diego Law Library, you will be expected to read, review, and apply the materials we provide on your own to your particular case.
We hope this resource guide is helpful.
The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.
Unlawful detainer/evictions are summary actions limited to issues of possession of a premises and associated damages. It is a civil action about the unlawful detention of real property by tenants who have failed to vacate the premises upon the expiration of a lease, following a three day notice to quit for non payment of rent, or a 30-day or 60-day notice to quit.
There are various California Code sections that apply to unlawful detainer actions. For example, Civil Code §1946 and §1946.1 discuss the notice required to terminate a tenancy. Code of Civil Procedure §1161 states the circumstances under which an unlawful detainer action may be brought. You will want to familiarize yourself with the applicable code sections as you prepare to bring or defend against an unlawful detainer.
In San Diego County, Unlawful Detainer actions are being consolidated to the Central Court for filing, case management, and trial.
If you live in North County or other areas of the county, you may be able to electronically file (e-file) your initial court papers. You will still have to appear in court for the hearings. You can learn more about e-filing here.
Was this research guide helpful? Please consider giving a tax-deductible donation so we can continue to provide access to legal information.
Thank you for your support!
