Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2026 · Last verified July 29, 2026
This section prints two full, separately-dated versions in the official compilation (a pending-amendment straddle); both are shown below.
In one sentenceSection 1166 requires a verified unlawful detainer complaint that states the facts, describes the premises, gives the rent in default for nonpayment cases, and details how the termination notice was served, attaching a copy of that notice and any written lease for most residential filings.
(1)Be verified and include the typed or printed name of the person verifying the complaint.
(2)Set forth the facts on which the plaintiff seeks to recover.
(3)Describe the premises with reasonable certainty.
(4)If the action is based on paragraph (2) of Section 1161, state the amount of rent in default.
(5)State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant.
(b)The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor.
(c)In an action regarding residential real property based on Section 1161a, the plaintiff shall state in the caption of the complaint "Action based on Code of Civil Procedure Section 1161a."
(1)In an action regarding residential property, the plaintiff shall attach to the complaint the following:
(A)A copy of the notice or notices of termination served on the defendant upon which the complaint is based.
(B)A copy of any written lease or rental agreement regarding the premises. Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached. The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following:
(i)The lease or rental agreement is oral.
(ii)A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord.
(iii)An action based solely on subdivision (2) of Section 1161.
(2)If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a five-day period in order to include the required attachments.
(e)Upon filing the complaint, a summons shall be issued thereon.
(f)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(1)Be verified and include the typed or printed name of the person verifying the complaint.
(2)Set forth the facts on which the plaintiff seeks to recover.
(3)Describe the premises with reasonable certainty.
(4)If the action is based on paragraph (2) of Section 1161, state the amount of rent in default.
(5)State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based, and the date, time, and location of effected service of the termination notice. This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant.
(b)The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor.
(c)In an action regarding residential real property based on Section 1161a, the plaintiff shall state in the caption of the complaint "Action based on Code of Civil Procedure Section 1161a."
(1)In an action regarding residential property, the plaintiff shall attach to the complaint the following:
(A)A copy of the notice or notices of termination served on the defendant upon which the complaint is based.
(B)A copy of any written lease or rental agreement regarding the premises. Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached. The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following:
(i)The lease or rental agreement is oral.
(ii)A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord.
(iii)An action based solely on subdivision (2) of Section 1161.
(2)If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a five-day period in order to include the required attachments.
(e)Upon filing the complaint, a summons shall be issued thereon.
(f)This section shall become operative on January 1, 2027.
Plain-English Summary
This is the pleading checklist for every unlawful detainer complaint. It must be verified, with the verifying person's name printed or typed, state the facts supporting recovery, describe the premises with reasonable certainty, and, if the case is based on nonpayment of rent under § 1161(2), state the amount in default. The complaint must also specify how the termination notice was served — satisfied either by completing the service items on a Judicial Council form complaint or by attaching proof of service.
For residential cases, subdivision (d) generally requires attaching a copy of the termination notice and any written lease or rental agreement (along with any addenda that form the basis of the complaint), though those attachments aren't required when the lease is oral, when the landlord doesn't have a copy, or when the case rests solely on nonpayment under § 1161(2). Missing an attachment isn't fatal — the court must grant five days to amend and add it. A complaint based on § 1161a involving residential property must say so in its caption, and filing the complaint triggers issuance of the summons under § 1167.
This section exists in two versions with a narrow difference. The version in effect until January 1, 2027 requires stating the method used to serve the termination notice. The version that becomes operative on that date adds a requirement to also state the date, time, and location where that service was completed — a modest addition meant to make the service record more precise, not a change to any other requirement in this section.
Frequently Asked Questions
Does an unlawful detainer complaint have to be verified?
Yes. Section 1166(a)(1) requires the complaint to be verified and to include the typed or printed name of the person verifying it.
What must the complaint say if it's based on nonpayment of rent?
The amount of rent in default, as required by § 1166(a)(4) for actions based on § 1161(2).
Does the landlord have to attach the notice and lease to a residential complaint?
Generally yes, but not if the lease is oral, the landlord doesn't have a copy, or the case is based solely on nonpayment of rent under § 1161(2).
What happens if the plaintiff forgets to attach a required document?
The court must grant leave to amend the complaint for a five-day period so the missing attachment can be added — it isn't an automatic dismissal.
What changes for complaints filed on or after January 1, 2027?
The complaint must also state the date, time, and location where the termination notice was served, in addition to describing the method of service that both versions of this section already require.
Amendment History
Effective Until 1/1/2027
Amended by Stats 2025 ch 563 (AB 747),s 19, eff. 1/1/2026. Amended by Stats 2010 ch 641 (SB 1149),s 3, eff. 1/1/2011. Added by Stats 2003 ch 787 (SB 345),s 4, eff. 1/1/2004 op. 1/1/2005. Former §1166 repealed by Stats 2003 ch 787 (SB 345),s 3, eff. 1/1/2004
Operative 1/1/2027
Added by Stats 2025 ch 563 (AB 747),s 20, eff. 1/1/2026.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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