Search





Due to the COVID-19 pandemic, please visit the Court’s COVID-19 page for the latest information regarding our available services. You can access the page by clicking here.

ATTENTION - CORONAVIRUS (COVID-19) UPDATE

STATEWIDE COVID-19 ORDERS/RULES

State Emergency Rules of Court Related to COVID-19 (includes repealed rules)


IMPORTANT LINKS

Link to all Self-Help Services During COVID-19 Pandemic (includes the most updated flyers for all legal case types and revised hours)

Flyer for Landlord /Tenant Self-Help Services Team (describes services, contact information and revised hours)

The Court’s updated Policy, Procedure & General Information page relating to Evictions (UD) Information and Video Appearance Process


NEW LAWS IMPACTING RESIDENTIAL EVICTIONS BASED ON NONPAYMENT OF RENT

New State law

Emergency California Rules of Court Rule 1 that prohibited the filing of unlawful detainers ended on September 2, 2020. However, California passed a new law on August 31, 2020 that changes the rules and procedures for residential evictions based on nonpayment of rent for the period beginning September 2nd, 2020 through January 31, 2021.

Please review the new legislation, Tenant, Homeowner, and Small Landlord Relief and Stabilization Act AB 3088 (particularly the COVID-19 Tenant Relief Act of 2020 codified as Civil Code §1179.01). For additional resources and explanations of changes under the new law, please refer to the following resources:

New Federal Law

The Centers for Disease Control and Prevention (CDC) has recently issued a new order, the Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19. This order temporarily stops residential evictions of covered persons for nonpayment of rent from September 4, 2020 through December 31, 2020. For more information, visit the CDC Frequently Asked Questions page here.


GENERAL EVICTION INFORMATION

For landlords and tenants needing eviction-related assistance, please contact the Landlord / Tenant Self-Help Services Team at (657) 622-5887 or SelfHelpUD@occourts.org. Our hours are:

Monday – Thursday 8:00 a.m. – 11:30 a.m.
12:30 p.m. – 4:00 p.m.
Friday  8:00 a.m. – 12:00 p.m.


We will respond to email or document review requests within 3 court business days.

Please note that the Self-Help Landlord Tenant Team IS NOT YOUR ATTORNEY. We do not provide legal advice, and any communications with our team is not confidential. If you wish to seek legal advice, you should consult with an eviction attorney.

For more information about the eviction process, visit the California Courts Judicial Branch of California website. You can select whether you are a landlord or a tenant and information regarding all the eviction steps necessary will be provided. It is referred to as the Landlord Guide and the Tenant Guide resource. The website has also posted a Special Announcement concerning the new laws and contains additional information and resources.


NEW FORM REQUIREMENT

Starting October 5, 2020 the new Judicial Council form UD-101 must be filed with all new Unlawful Detainers and, in pending Unlawful Detainer cases, before the next step may be taken. You can find a fillable version of the UD-101 here (Judicial Council Unlawful Detainer forms).


COURTROOM INFORMATION

All UD cases will be heard in either Department C17 or Department C61 at the Central Justice Center.


SUBMISSION OF ALL UNLAWFUL DETAINER-RELATED FILINGS

All filings for unlawful detainer (eviction) matters can be submitted by any of these ways:

If filings fees are due, the parties will be contacted by phone regarding payment.


HOW TO APPEAR IN COURT

Due to the COVID-19 pandemic, the court will significantly limit in-person appearances until further notice. Unless the Court orders otherwise, eviction-related hearings will be conducted via video appearance.

  • ➢ All hearings will be conducted by video via Microsoft Teams.
  • ➢ If a party does not have the ability to connect via video, the party should call the courtroom or 657-622-8513 to request an alternative way to appear.
  • ➢ Instructions regarding Microsoft Teams are available on the Court’s website. Visit the Civil COVID-19 page and click on the links as shown below, or visit the Remote Hearing Instructions page directly.

Remote Hearing Instructions

Department C03 Appearance Instructions


What Is an Unlawful Detainer Action?

Landlords and tenants can have disagreements. If they cannot work it out, they may end up in court. This section does not talk about everything a landlord and tenant may disagree about. It mainly talks about who has the right to live at the property.

Eviction cases are called "Unlawful Detainer" cases. Unlawful Detainer cases are complicated. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. Look at the list of other places to get help below. If you are a defendant in an unlawful Detainer case, you may refer to the “I have been sued (Tenant)” section of this webpage for more information.

EVICT SOMEONE FROM THEIR HOME OR WORKPLACE:

An Unlawful Detainer action is a special court proceeding. It is a legal way to evict someone from the place where they live or work. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent.

DISAGREEMENT HAS TO BE ABOUT THE TENANT MOVING OUT:

An Unlawful Detainer decides if the landlord can take the property back from the tenant. The landlord is the plaintiff. The tenant is the defendant.

ONLY THE SHERIFF CAN PHYSICALLY EVICT SOMEONE:

If the landlord wins the case, they will get a "judgment" and the tenant has to move out. The Sheriff can enforce this judgment. This means the Sheriff can physically make the tenant leave.

A LANDLORD CANNOT EVICT SOMEONE THEMSELF:

You cannot evict someone yourself without going through the proper steps. It is against the law. Only the Sheriff can evict someone. That is why you may need an Unlawful Detainer.

Even if a tenant is months behind on the rent, the landlord cannot:

  • Make the tenant move out,
  • Get rid of the tenant’s possessions,
  • Lock the tenant out,
  • Cut off the water or electricity, or
  • Remove outside windows or doors.

To legally evict the tenant through the process of an Unlawful Detainer, the landlord has to:

  • Serve the tenant with the appropriate written notice (there are several types of notice, and the one you serve on your tenant must be appropriate to your specific case circumstances),
  • Wait for the time period in the notice to end, and
  • File an Unlawful Detainer action if the tenant does not do what the notice asks.
EXPEDITED PROCEEDING:

An Unlawful Detainer case is fast. Usually, the defendant has 5 days to file a response. You can have a trial 20 days after that. In general, the defendant cannot file a cross complaint (counter-sue).


Assistance by Phone, in Person or Online

EDUCATIONAL VIDEOS ON UNLAWFUL DETAINER (EVICTION) CASES:

Resolving Unlawful Detainer (Eviction) Cases [4-Parts Video]

Legal Aid Society of Orange County's Unlawful Detainer (Eviction) Clinic [Video]

SUPERIOR COURT OF ORANGE COUNTY CIVIL DIVISION COURT STAFF:

The Civil Division court staff can assist you in person with forms, filing documents, and procedural matters from Monday-Friday, 8:00am - 4:00pm at three court locations (see below). Recorded general information is available at the phone numbers listed below. However, due to fiscal constraints, no call agents are available by phone.

SUPERIOR COURT OF ORANGE COUNTY SELF-HELP CENTERS:

Self-Help Center staff is available from Monday-Thursday 8:00am to 4:00pm and Friday 8:00am - 3:00pm to provide procedural guidance and information regarding forms for Unlawful Detainer matters. For locations of Self-Help Centers, see below.

SUPERIOR COURT OF ORANGE COUNTY WEBSITE:

The court provides a variety of online services. You may view your case, access and fill out forms, check the court’s calendar, and eFile your documents.

DROP BOX INFORMATION:

Drop boxes or door slots are located at each of the courthouses below, with 24/7 access. Properly completed documents along with the fees for filing (if any) placed in these drop boxes before 4:00pm on an open court day will be considered received on the same date.


Civil Courthouse Locations, Hours and venue

You can go to any of the courts below for procedural assistance. The city where your property is located determines the proper courthouse. Please see the chart below to determine which courthouse you need to put on your document for the proper venue before you file your documents. Recorded general information is available at the phone numbers listed below. However, due to fiscal constraints, no call agents are available by phone.

Limited Civil Justice Centers (actions $25,000 and under) Phone Number For Property Located In:
Central Justice Center
700 Civic Center Drive West
Santa Ana, CA 92701

Civil Division - 1st Floor
Self-Help Center - 1st Floor, Room G100

(657) 622-6878

Fountain Valley, Garden Grove, Huntington Beach, Orange, Santa Ana, Seal Beach, Tustin, Villa Park, and Westminster

Harbor Justice Center - Newport Beach Facility
4601 Jamboree Road
Newport Beach, CA 92660-2595

Civil Division - 1st Floor
Self-Help Center - 1st Floor, Room 150
(657) 622-5700 Aliso Viejo, Costa Mesa, Dana Point, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Mission Viejo, Newport Beach, Rancho Santa Margarita, San Clemente, and San Juan Capistrano
North Justice Center
1275 N. Berkeley Ave.
Fullerton, CA 92832-1258

Civil Division - Upper Level, North Wing
Self-Help Center - Upper Level, Room 360
(657) 622-5600 Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Placentia, Stanton, and Yorba Linda

Unlimited Civil Justice Center (actions over $25,000)

Phone Number

For Property Located In:

Central Justice Center
700 Civic Center Dr.
Santa Ana, CA 92701

Civil Division - 1st Floor
Self-Help Center - 1st Floor, Room G100
(657) 622-6878 Orange County - all cities
Central Justice Center
Complex Civil (requires exceptional Judicial Management- Rule 3.400 of the California Rules of Court)

Civil Complex Center
752 W. Santa Ana Blvd.
Santa Ana, CA 92701
(657) 622-5300 Orange County-all cities

Unlawful Detainer Forms and Law

FORMS:

Civil forms are available online, at a Self-Help Center, or by using a forms tutorial program to guide you through the process.

LAWS:

Copy and Record Search Requests

Find information on how to:


Additional Resources

There are a variety of resources which provide you with information about Unlawful Detainers.

These are just a few:


Legal Help

For legal advice, you may contact the following lawyer referral services:

© 2021 Superior Court of Orange County