The California eviction process follows a strict legal sequence that landlords must follow exactly. Any procedural error can delay or invalidate your case. This guide covers every step from initial notice through final lockout.
California evictions are handled through the unlawful detainer process—a special expedited court procedure designed to resolve landlord-tenant disputes quickly. Understanding each step helps you avoid costly mistakes.
Eviction Process Overview
California Eviction at a Glance
Uncontested
4-6 weeks
Contested
2-3+ months
Typical Cost
$1,500-4,000
Step 1: Serve the Proper Notice
Every California eviction begins with a written notice to the tenant. The type of notice depends on the reason for eviction. Serving the wrong notice—or serving it incorrectly—is one of the most common mistakes landlords make.
Notice Types by Situation
Notice to Pay Rent or Quit
For non-payment of rent. Tenant must pay in full or vacate within 3 days (excluding weekends/holidays).
Detailed 3-Day Notice Guide →Notice to Cure or Quit
For curable lease violations (unauthorized pets, parking violations, etc.). Gives tenant 3 days to fix the problem.
Notice to Quit (Unconditional)
For serious violations: illegal activity, nuisance, waste, assigning/subletting without permission.
Notice to Terminate Tenancy
For month-to-month tenancies under 1 year. Longer in rent-controlled areas with just cause requirements.
Notice to Terminate Tenancy
For month-to-month tenancies of 1 year or longer.
Proper Notice Service
How you deliver the notice matters as much as what it says. California law recognizes three methods of service, which must be attempted in order:
- Personal Service: Hand the notice directly to the tenant (preferred)
- Substituted Service: Give to a responsible adult at the property, then mail a copy
- Post and Mail: Post on the door and mail if no one is available after reasonable attempts
Learn more about proper notice service →
Step 2: Wait for the Notice Period to Expire
After properly serving the notice, you must wait for the full notice period to pass before filing the lawsuit. The notice period does not include the day of service, weekends, or court holidays for 3-day notices.
Common Mistake
Filing too early is one of the most common eviction mistakes. If you file the lawsuit before the notice period fully expires, the case will be dismissed and you'll have to start over.
What Happens During the Notice Period
- The tenant may pay all rent owed (for non-payment cases)
- The tenant may cure the lease violation (for cure notices)
- The tenant may vacate voluntarily
- You may negotiate a move-out agreement
- If none of the above, proceed to Step 3
Step 3: File the Unlawful Detainer Lawsuit
Once the notice period expires with no resolution, you file an unlawful detainer complaint in Superior Court. This lawsuit formally asks the court to order the tenant to leave and pay any money owed.
Required Documents
- Unlawful Detainer Complaint: Legal document stating your case
- Summons: Notice to the tenant of the lawsuit
- Civil Case Cover Sheet: Court administrative form
- Copy of the Notice: The notice you served on the tenant
- Proof of Service: Documentation that the notice was properly served
Filing Fees by County (2026)
Orange County
$435
Los Angeles County
$435
Step 4: Serve the Summons and Complaint
After filing, the tenant must be formally served with the lawsuit documents. This is different from serving the initial notice—you're now serving court papers. A process server or sheriff typically handles this.
Service Methods for Court Papers
- Personal Service: Direct delivery to the tenant (best method)
- Substituted Service: To a co-occupant or person in charge, plus mailing
- Posting: Only if other methods fail, with court permission
The tenant has 5 calendar days to file a written response with the court after being served (or 15 days if served by posting).
Step 5: Tenant Response (or Default)
If the Tenant Doesn't Respond (Default)
If the tenant fails to respond within 5 days, you can request a default judgment. This is the fastest path—the court enters judgment in your favor without a hearing. You'll typically receive the judgment within 5-7 business days.
If the Tenant Responds (Contested)
If the tenant files an answer, the case becomes contested. Common defenses tenants raise include:
- Improper notice (wrong form, wrong calculation, improper service)
- Rent was already paid
- Retaliation by landlord
- Habitability issues (landlord didn't maintain property)
- Discrimination
Learn about the unlawful detainer court process →
Step 6: Trial (If Contested)
California law gives unlawful detainer cases scheduling priority. Trials must be set within 20 days of a party's request, though actual scheduling depends on court availability.
At Trial
- Both sides present evidence and testimony
- The judge evaluates the case—no jury in most UD cases
- Judgment is typically issued at the end of the hearing
Learn about motions that can resolve cases before trial →
Step 7: Obtain Judgment and Writ of Possession
After winning your case (by default or at trial), you need two more documents:
- Judgment: The court order saying you won and the tenant must leave. Also specifies any money owed.
- Writ of Possession: The document authorizing the Sheriff to physically remove the tenant. You request this from the court clerk after receiving judgment.
Step 8: Sheriff Lockout
The final step is the physical removal of the tenant by the Sheriff's Department. Landlords cannot perform "self-help" evictions (changing locks, removing belongings, shutting off utilities).
The Lockout Process
- Deliver the Writ of Possession to the Sheriff's Department
- Pay the lockout fee (typically $150-200)
- Sheriff posts a 5-day notice on the property
- After 5 days, Sheriff returns to remove tenant and change locks
- You regain possession of your property
Property Returned to Landlord
After the Sheriff completes the lockout, you can secure the property, assess any damage, and begin the process of re-renting. Keep records of any damage for potential claims against the former tenant.
Special Situations
Rent-Controlled Properties
If your property is subject to local rent control (Los Angeles, Santa Monica, etc.) or the California Tenant Protection Act (AB 1482), additional requirements apply:
- Just cause requirement for terminations
- Specific notice language requirements
- Potential relocation assistance obligations
Section 8 Tenants
Evicting tenants with housing vouchers follows the same legal process, but you may also need to notify the housing authority.
Commercial Evictions
Business tenant evictions follow different rules—no rent control, different notice requirements, and different strategic considerations.
Post-Foreclosure Evictions
If you purchased property at foreclosure and need to evict occupants, California Code of Civil Procedure 1161a provides a specific process.
CCP 1161a foreclosure eviction guide →
Frequently Asked Questions
How long does the California eviction process take?
An uncontested eviction typically takes 4-6 weeks from start to finish. If the tenant fights the case, expect 2-3 months or longer. See our detailed timeline breakdown.
Can I evict a tenant without going to court?
No. California requires landlords to go through the court system for all evictions. "Self-help" evictions (changing locks, removing belongings, shutting off utilities) are illegal and expose landlords to significant liability.
What if my tenant pays rent after I file the lawsuit?
For non-payment evictions, the tenant has the right to pay all rent owed plus costs and stop the eviction (called "paying and staying") until a judgment is entered. This is why moving quickly through the process matters.
Do I need an attorney for an eviction?
While not legally required, evictions have strict procedural requirements. A single mistake can dismiss your case and cost you months. An experienced eviction attorney typically pays for themselves in time saved and mistakes avoided.
What's the difference between an eviction and an unlawful detainer?
"Eviction" is the common term. "Unlawful detainer" is the legal name for the court case that results in eviction. They refer to the same process.
Get Professional Help
The California eviction process has many opportunities for error. Improper notices, missed deadlines, and procedural mistakes can add months to your timeline and thousands to your costs.
Steven Silverstein has handled thousands of California evictions over 45+ years. Call 714-832-3651 for a consultation on your eviction case.