Unlawful Detainer Process in California
The Unlawful Detainer process is the legal procedure for evicting a tenant in California, filed after the 3-day notice to pay rent or quit expires. Here's an overview:
- 1Serve the appropriate notice (e.g., 3 Day Notice to Pay Rent or Quit)
- 2File the Unlawful Detainer complaint with the court if the tenant doesn't comply
- 3Serve the tenant with the Summons and Complaint
- 4Wait for the tenant's response (generally 10 court days after service, as of 2025)
- 5Request a court date if the tenant responds or file for default judgment if they don't
- 6Attend the court hearing
- 7If you win, obtain a Writ of Possession
- 8Schedule the lockout with the sheriff
Timeline Expectations
The entire process can take several weeks to a few months, depending on various factors—see the California eviction timeline for a week-by-week breakdown and the Orange County eviction cost guide for filing fees. An experienced attorney can help navigate this process efficiently.
It's important to follow each step carefully to ensure a successful eviction. When a tenant files an answer but has no real defense, a motion for summary judgment can resolve the case without a full trial.
Frequently Asked Questions About Unlawful Detainer
What is an unlawful detainer in California?
An unlawful detainer is California's legal term for an eviction lawsuit. It's a special expedited court proceeding that allows landlords to regain possession of their property when a tenant remains after their right to occupy has ended, such as after failing to pay rent or violating lease terms.
How long does the unlawful detainer process take in California?
An uncontested unlawful detainer (where the tenant doesn't respond) typically takes about 5-8 weeks from filing to lockout after AB 2347, depending on service, court processing, writ timing, and sheriff scheduling. If the tenant contests the case, it can take 3-6 months or longer depending on court schedules, motions, and whether a trial is needed.
How much does it cost to file an unlawful detainer in California?
Court filing fees for an unlawful detainer in California are typically $435 as of 2026. Additional costs include process server fees ($50-150), attorney fees (if hiring representation), and sheriff lockout fees ($150-200). Total costs for an uncontested case typically range from $1,500-2,500.
Can a tenant stop an unlawful detainer by paying rent?
Yes, in non-payment cases, tenants have the right to 'pay and stay' by paying all rent owed plus court costs before a judgment is entered. Once a judgment is entered, this right typically ends. This is why landlords often want to move through the process quickly.
What happens if a tenant doesn't respond to an unlawful detainer?
If a tenant fails to respond to the unlawful detainer summons within 10 court days after service, excluding weekends and judicial holidays, the landlord can request a default judgment. If service was completed by certain mailing methods, additional time can apply. After default judgment, the landlord can then obtain a Writ of Possession to have the sheriff remove the tenant.
Do I need a lawyer for an unlawful detainer case?
While not legally required, having an experienced eviction attorney significantly increases your chances of success and speeds up the process. Unlawful detainer cases have strict procedural requirements, and mistakes can result in dismissal and having to start over.