What UD Form for evicting previous tenants (1161a)


#1

Searched for quite a bit on this website and elsewhere online for this answer and couldn’t find it anywhere. I gave the three-day “Notice to Quit” and I am negotiating cash for keys and am beginning to fill out the Unlawful Detainer (UD-100). However, I noticed at the bottom of the first page “Do not use this form for evictions after sale (Code Civ. Proc. 1161a)”. So what (California) form should I use to proceed with the eviction? Thanks in advance for any help.


#2

Hi Alan,
This is a great question and kudos to you for reading the form. The CA Judicial Council does not appear to have a standard form for an Unlawful Detainer following a trustee sale. I consulted with a seasoned auction investor and they indicated that they have an attorney draft a complaint as opposed to using a standard form. You may want to consider consulting an attorney in your area to draft the complaint.


#3

Thanks Michelle for your answer and your compliment. Okay, I guess I will consult an attorney, but I was hoping to be able to handle it myself to save money on the filing. I hope the cash for keys can be worked out so I don’t have to proceed with the case, but I was just wondering in case I did have to file.


#4

The attorney I spoke to said some attorneys just white out that line from the form, but they advised against doing that and they also advised against drafting a complaint form and said as my attorney they would create a “briefing” detailing the trustee sale circumstances. To me, that actually sounds to be about the same thing as drafting your own form.


#5

It is always a good idea to get a couple of opinions even from attorneys.