| name | eviction-complaint |
| title | Eviction Complaint (Unlawful Detainer) |
| description | Drafts jurisdiction-compliant Unlawful Detainer complaints for eviction proceedings covering non-payment, lease violations, and holdover tenancies. Assesses case facts, verifies statutory notice compliance, and formats pleadings to local court rules. Use when drafting eviction complaints, unlawful detainer pleadings, forcible entry and detainer actions, or possession recovery filings. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/eviction-complaint |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | real-estate |
| language | en |
Eviction Complaint (Unlawful Detainer)
Drafts a court-ready Unlawful Detainer complaint that establishes grounds for possession recovery and withstands demurrer.
Prerequisites
Gather before starting:
- Lease — written agreement or oral terms (rent amount, due date, duration, material provisions)
- Notice documents — pay-or-quit, cure-or-quit, or termination notice with proof of service
- Rent ledger — payment history with arrearage amounts and dates
- Property ID — street address, unit number, APN or legal description
- Parties — full legal names of all plaintiffs (as title is held) and all tenant-defendants
- Jurisdiction — state, county, and court where filing
Workflow
1. Assess Case
Extract facts from documents and build a chronology:
| Event | Date | Source |
|---|
| Lease execution | | |
| Missed rent / violation dates | | |
| Notice served | | |
| Service method | | |
| Notice expiration | | |
| Current occupancy | | |
Verify notice compliance for the jurisdiction:
- Non-payment — required notice period (e.g., CA: 3 days; NY: 14 days; TX: 3 days) [VERIFY statute]
- Lease violation — cure period if required
- Holdover — termination notice period (30/60/90 days by tenancy duration and jurisdiction)
- Service method — statutory compliance (personal, substituted, post-and-mail)
If notice is defective, stop and advise re-service before filing. Improper notice is the #1 defense.
2. Draft Complaint
Caption:
- Court's full name with department/division
- Plaintiff name exactly as title is held
- All lease-named tenants as defendants; include "DOES 1–10"
- Title: "COMPLAINT FOR UNLAWFUL DETAINER"
Jurisdictional allegations:
- Court jurisdiction under applicable state code section
- Venue based on property location (address, city, county, state, APN)
