California Eviction Process: Complete Step-by-Step Guide for Landlords

The California eviction process is an 8-step legal procedure that must be followed exactly. Skip a step, file a day early, serve the wrong notice, and you start over. This guide covers what actually happens at each step, what it costs, and where landlords most often get tripped up.

Eviction Process Overview

California evictions are handled through the unlawful detainer process, a special expedited court procedure under Code of Civil Procedure sections 1161-1179a. Unlike a standard civil lawsuit that can drag on for a year or more, unlawful detainer cases get scheduling priority. But "expedited" still means weeks or months, not days. Here are all eight steps.

Step 1: Serve the Proper Notice

Every California eviction starts with a written notice to the tenant. The type of notice depends on the reason for eviction. Serving the wrong notice, or serving the right notice incorrectly, is the most common mistake I see landlords make. It forces you to start over from scratch.

Notice Types by Situation

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 this order:

1. Personal Service: Hand the notice directly to the tenant. This is the strongest method.
2. Substituted Service: Leave it with a responsible adult at the property, then mail a copy.
3. Post and Mail: Post on the door and mail a copy, but only after reasonable attempts at personal service have failed.

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. For 3-day notices, the period does not include the day of service, weekends, or court holidays. If the third day falls on a weekend, the tenant gets until the next business day.

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 (sometimes the fastest resolution)
• If none of the above happens, proceed to Step 3

Step 3: File the Unlawful Detainer Complaint

Once the notice period expires with no resolution, you file an unlawful detainer complaint in Superior Court. This is the formal lawsuit asking the court to order the tenant out and award you any money owed (back rent, damages, court costs).

Required Documents

• Unlawful Detainer Complaint (UD-100): The legal document stating your case and the facts supporting eviction
• Summons (SUM-130): Court-issued notice informing the tenant of the lawsuit
• Civil Case Cover Sheet (CM-010): Court administrative form
• Copy of the Notice: The notice you served on the tenant
• Proof of Service: Documentation that the notice was properly served

Download California eviction forms →

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 are now serving court papers, and a registered process server or the Sheriff typically handles it.

Service Methods for Court Papers

1. Personal Service: Direct delivery to the tenant. The strongest method and the one I recommend.
2. Substituted Service: Leave papers with a co-occupant or person in charge, then mail a copy. Adds 10 calendar days before the response deadline starts.
3. Posting (Service by Posting): Only if other methods fail. Requires a court order.

AB 2347: The New 10-Business-Day Response Rule (Effective 2025)

This is the biggest procedural change to California evictions in years. Assembly Bill 2347, signed into law in 2024 and effective January 1, 2025, changed how long tenants have to respond to an unlawful detainer complaint after being served.

What Changed

The change is significant. Under the old rule, tenants had 5 court days (excluding weekends and judicial holidays) to respond, which worked out to about one calendar week. Now they get 10 court days, roughly two calendar weeks. For cases involving substituted service, the response period is even longer because the 10-court-day clock does not start until the mailing period ends.

What This Means for Landlords

• Every eviction now takes at least one week longer than it did before 2025
• You cannot request a default judgment until the 10-court-day response period expires
• Tenants have more time to find a lawyer and mount a defense
• AB 2347 applies to all unlawful detainer proceedings, including commercial evictions

This law makes it even more important to get the process started quickly and correctly. Every day wasted on a defective notice or improperly filed complaint is compounded by the longer response window.

Step 5: Tenant Response (or Default)

If the Tenant Does Not Respond (Default)

If the tenant fails to respond within the 10-court-day period (or approximately 20 days total if served by posting, since service by posting adds 10 calendar days before the response clock starts), you can request a default judgment. The court enters judgment in your favor without a hearing. This is the fastest path. Statewide data suggests roughly 40-50% of unlawful detainer cases end in default. You will typically receive the default judgment within 5-7 business days of the request.

If the Tenant Responds (Contested Case)

If the tenant files an answer, the case becomes contested. Common defenses tenants raise:

• Improper notice (wrong form, wrong amount, wrong calculation, bad service)
• Rent was already paid or tendered
• Retaliation by landlord (Civil Code 1942.5)
• Habitability issues (the landlord failed to maintain the property)
• Discrimination under the Fair Employment and Housing Act

Learn about the unlawful detainer court process →

Step 6: Trial (If Contested)

Unlawful detainer cases get scheduling priority under CCP 1170.5. Either party can request a trial, and the court must set it within 20 days of the request. In practice, court congestion can push this out further, especially in Los Angeles County.

At Trial

• Both sides present evidence and testimony
• Most UD trials are bench trials (judge only, no jury), though either party can request a jury
• The judge typically issues a ruling the same day
• If you win, the judgment includes possession of the property plus any money owed

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 before the tenant can be physically removed:

1. Judgment: The court order confirming you won. It specifies that the tenant must vacate and lists any money damages (back rent, court costs, attorney fees if allowed by the lease).
2. Writ of Possession: The document that authorizes the Sheriff to physically remove the tenant. You request this from the court clerk after receiving judgment. There is a separate fee for this (currently around $40).

Step 8: Sheriff Lockout

The final step is physical removal of the tenant by the Sheriff's Department. Only the Sheriff can do this. Landlords who change locks, remove belongings, or shut off utilities on their own face penalties under Civil Code 789.3.

The Lockout Process

1. Deliver the Writ of Possession to the Sheriff's Department along with the lockout fee
2. Pay the lockout fee (typically $150-200, varies by county)
3. The Sheriff posts a 5-day notice to vacate on the property
4. After 5 days, the Sheriff returns to remove the tenant and you can change the locks
5. You regain legal possession of your property

Special Situations

Rent-Controlled Properties and AB 1482

If your property is subject to local rent control (Los Angeles, Santa Monica, West Hollywood, and others) or the statewide California Tenant Protection Act (AB 1482), you face additional requirements:

• Just cause requirement for all terminations
• Specific notice language prescribed by statute
• Potential relocation assistance obligations (typically one month's rent)

Section 8 Tenants

Evicting tenants with housing vouchers follows the same court process, but you must also notify the local housing authority. Failure to do so can complicate your case.

Section 8 eviction rules →

Commercial Evictions

Business tenant evictions follow different rules. No rent control applies, and notice requirements differ. AB 2347's 10-court-day response period applies to all unlawful detainer cases, including commercial.

Commercial vs. residential eviction guide →

Post-Foreclosure Evictions

If you purchased property at a foreclosure sale and need to evict the occupants, California Code of Civil Procedure 1161a provides a specific process with its own notice requirements.

CCP 1161a foreclosure eviction guide →

Frequently Asked Questions

Get Your Eviction Started Right

The California eviction process has strict rules at every step. Improper notices, miscounted deadlines, and procedural errors can add months to your case and thousands to your costs. With the new AB 2347 response period making every case longer, getting it right the first time matters more than ever.

Steven Silverstein has handled thousands of California evictions across Orange County, Los Angeles, Riverside, and San Bernardino since 1979. Call 714-832-3651 for a consultation on your eviction case.