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How should the landlord proceed if the tenant fails to respond to the complaint within the 5-day period?

The landlord may file three forms with the court:

• A "Request for Entry of Default," form 982(a)(6);
• A "Judgment-Unlawful Detainer," form UD-110; and
• A "Writ of Possession," form CD-130.

After these 3 forms have been filed with the court, the court may enter a "default judgment"—that is, decide in favor of the landlord because the tenant offered no defense—and issue a "Writ of Possession." This means the tenant may be evicted without any further court proceedings. This default judgment allows the landlord to obtain possession of the property through a Notice to Vacate issued by a sheriff. The clerk will give the landlord the documents that he or she will need to take to the Sheriff's Department, Civil Division, to complete the eviction. The landlord cannot evict the tenant him- or herself.

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Last modified: 03/17/2008

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