California Eviction Timeline 2026: How Long Does It Take?

Understanding the California eviction timeline helps landlords plan effectively and set realistic expectations. Here's a step-by-step breakdown of how long each phase typically takes.

Overview: Total Timeline

Step 1: Serve the Notice (Day 1)

The eviction process begins with serving the appropriate notice to the tenant. The type of notice determines the waiting period:

• 3-Day Notice to Pay Rent or Quit: For non-payment of rent
• 3-Day Notice to Cure or Quit: For lease violations that can be corrected
• 3-Day Notice to Quit: For serious violations (nuisance, illegal activity)
• 30-Day Notice: For month-to-month tenancies under one year
• 60-Day Notice: For month-to-month tenancies over one year

Step 2: Wait for Notice Period to Expire (Days 4-60)

After proper service, you must wait for the full notice period to expire before filing the lawsuit. During this time:

• The tenant may pay the rent owed (for non-payment cases)
• The tenant may cure the lease violation
• The tenant may vacate voluntarily
• If none of the above, you can proceed with filing

Step 3: File the Unlawful Detainer Lawsuit (Day 4-61)

Once the notice period expires with no resolution, you file an unlawful detainer complaint with the court. The court clerk will:

• Review and accept the filing (same day if filed early)
• Issue a summons
• Assign a case number

Step 4: Serve the Summons and Complaint (Days 5-65)

The tenant must be formally served with the lawsuit documents. This requires:

• Personal service: Handing documents directly to the tenant
• Substituted service: If personal service fails, leaving with someone at the residence and mailing a copy
• Post and mail: As a last resort if the tenant is avoiding service

The tenant then has 5 days to respond to the lawsuit.

Step 5: Default or Response (Days 10-70)

If 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 to completion—typically adding 5-7 days to obtain the judgment.

If Tenant Responds (Contested)

If the tenant files an answer, the case becomes contested and will be set for trial. California law requires unlawful detainer trials be held within 20 days of the request, though actual scheduling depends on court availability.

Step 6: Trial (If Contested) (Days 25-90+)

Contested cases go to trial where both sides present evidence. The judge will rule on:

• Whether the eviction is legally justified
• Any defenses raised by the tenant
• Amount of rent and damages owed

Step 7: Judgment and Writ of Possession (Days 15-95+)

After obtaining a judgment in your favor:

1. Request a Writ of Possession from the court
2. Deliver the writ to the Sheriff's Department
3. Pay the Sheriff's lockout fee

Step 8: Sheriff Lockout (Days 20-100+)

The Sheriff will:

1. Post a 5-day notice on the property giving the tenant final warning
2. Return after the 5 days to physically remove the tenant and change locks
3. Turn possession over to you

Factors That Can Delay Evictions

• Court backlogs: Some counties have longer wait times for trials
• Tenant bankruptcy: Automatic stay halts the eviction temporarily
• Procedural errors: Mistakes in notices or filings require restarting
• Continuances: Either party may request delays
• Sheriff scheduling: Lockout timing depends on sheriff availability

How to Speed Up the Process

• Act immediately: Don't wait to serve notice when grounds exist
• Get the notice right: Properly drafted notices avoid do-overs
• Hire an experienced attorney: Specialists know how to avoid delays
• Keep documentation ready: Organized records speed up filings

Call 714-832-3651 for a consultation on your eviction timeline.