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Phone: (415) 444-7040
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:00am - 4:00pm

Unlawful Detainers (Evictions).

In general, landlords have a responsibility to provide a place to live that is in good, habitable condition and tenants have a responsibility to take reasonable care of the property and to pay the rent in full and on time. When landlords and tenants have signed a rental agreement (lease) for a set period of time, tenants have a right to live in the rental unit for that time period unless they do not pay the rent on time, or fail to abide by other terms and conditions in the rental agreement.

Unlawful detainer proceedings may involve an individual, a partnership, a business, a corporation, or a government agency. The jurisdiction may be limited or unlimited. A case is limited if the demand of the complaint, exclusive of interest, or the value of the property or unpaid rent amounts to $25,000.00 or less. If the value of the property or unpaid rent exceeds $25,000.00 the case would be an unlimited civil case.

The video Resolving Your Unlawful Detainer (Eviction) Case in the California Courts and the California Landlord Tenant Guide both provide information about the options for resolving disputes between landlords and tenants regarding the right to occupy real property. If you are a landlord or a tenant with such a dispute, these resources may help.

For information and answers to frequently asked questions about evictions for both landlords and tenants, please click here.

Please note: Most other legal disputes between landlords and tenants, such as return of deposits, claims of damage to property, etc. are generally handled in small claims court. For information about these court procedures, please click here.

Civil Harassment.

Civil harassment is defined as violence, threats of violence, or actions that frighten, annoy or harass individuals. These actions must be intentional and done by a person who is not related to the complainant or victim, such as a roommate, neighbor, or co-worker. For information on how to file for a restraining order, please click here.

Basic information you need to know:

  • You can get many of the court forms you need by clicking here or at the Clerk's Office.
  • You can obtain civil filing fees by clicking here.
  • You can find out more information about your civil case by talking to a lawyer, visiting Legal Self Help Services, or using online resources. Court employees or Legal Self Help Services can assist you in connecting with the right resources.
  • You can get information about your case online by clicking here.
  • You can confirm your court dates and locations online on the Court Calendar.
  • You can get copies of documents in your case file from the Records Management Unit.

Things you can do to get ready for your court hearing:

  • Carefully read your court papers. Do your best to understand them and review what the other party has written.
  • Make an outline or list what you want and why. Be ready to explain to the judicial officer why each of your requests should be approved and why the other party's requests should not be approved.
  • Make notes that summarize your point of view. Have a ready response to each point the other party has made in court papers.
  • If you get nervous in court, use your outline to get back on track.
  • If you are asking for court orders, make sure that the judicial officer makes an order on EACH item you have asked for. If any items have been overlooked, bring them to the judicial officer's attention.

The video Resolving Your Civil Harassment Case in the California Courts provides information regarding the options for resolving civil harassment disputes. If you feel harassed by someone, or if someone says you are harassing them, watching this video may help.

Civil Clerk's Office Overview

The Civil Clerk's Office processes legal disputes brought by parties to recover money, real or personal property; enforce a contract; collect damages for injuries; or protect a party's civil right. Based on the dollar amount sought by the plaintiff or petitioner at the time of filing the original petition or complaint, civil matters are either defined as unlimited or limited jurisdiction cases. This distinction is important because the filing fees and some case processing procedures vary, based on this classification.

Court employees may give members of the public legal information, direct them to Judicial Council and local forms or offer referrals to legal service provider agencies for help in completing paperwork or understanding court procedures.

Please note that court employees are prohibited by law from giving legal advice.

Disclaimer: The Marin County Superior Court has made every effort to provide accurate information at this website; however, inaccuracies and outdated information may be found here on occasion.
External sites are responsible for their own content; the Marin County Superior Court accepts no responsibility for information found at other sites to which we are linked.