California Eviction Process
Court: Superior Court, Unlawful Detainer division (county where property is located)
(uncontested)
(contested)
Notice Types
3-Day Notice to Pay Rent or Quit
Cannot include late fees, utilities, or other charges. Eshagian v. Cepeda. Days must be court days (excludes weekends and judicial holidays).
3-Day Notice to Cure or Quit
Must specify the breach and what tenant must do to cure it.
3-Day Notice to Quit (Unconditional)
For nuisance, waste, illegal activity, or subletting without permission.
30-Day Notice to Vacate
For tenants who have occupied the unit less than 1 year.
60-Day Notice to Vacate
For tenants who have occupied the unit 1 year or more. AB 1482 just-cause required for covered units.
Step-by-Step Process
Serve written notice
Serve notice by personal delivery, substituted service (leave with adult + mail), or posting + mailing. Keep proof of service.
Wait for notice period to expire +3 days
3-day notices: count court days only (exclude weekends and judicial holidays). 30/60-day: calendar days.
File Unlawful Detainer complaint +1 days
File UD-100 complaint at the Superior Court. Pay filing fee. Attach copy of lease and notice served.
Serve summons on tenant +5 days
Process server or registered sheriff. Personal service preferred. Must be done within 60 days of filing.
Tenant response period +5 days
Tenant has 5 business days to file a written response after being served. If no response: request default.
Request default judgment or set hearing +5 days
If no answer: file Request for Entry of Default (UD-105). If tenant answers: court sets trial date within 20 days.
Court hearing / trial +20 days
Bring all evidence: lease, notices, proof of service, rent ledger. Judge may rule same day.
Judgment and Writ of Possession issued +1 days
If landlord wins: court issues Writ of Possession (EJ-130). File with Sheriff's department.
Sheriff enforces lockout +5 days
Sheriff posts 5-day notice to vacate, then returns to enforce lockout. Sheriff fee varies by county (~$145).
Key Warnings
- Self-help eviction (changing locks, removing belongings, shutting off utilities) is illegal — Civil Code §789.3. Penalties up to $100/day.
- AB 1482 (2020): Just cause required after 12 months for units 15+ years old. Owner move-in is grounds but requires relocation assistance.
- Many cities (LA, SF, Oakland, Berkeley, Santa Monica) have stronger local just-cause and relocation assistance ordinances.
- 3-day notice days are court days — weekends and court holidays do NOT count.
- Cannot include late fees or non-rent charges in the amount on a pay-or-quit notice.
Court & Filing Details
| Court | Superior Court, Unlawful Detainer division (county where property is located) |
|---|---|
| Filing Fee | $240–$435 depending on county and claim amount |
| Statute | California Code of Civil Procedure §§1161–1179.5; Civil Code §§1940–1954.05 |
| Find the Court | superior court in the county where property is located |
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