California landlords dealing with problem renters often feel overwhelmed by the state’s complex eviction laws. This guide explains why evictions happen, how each legal step unfolds, how long it typically takes, and the state laws landlords must understand before taking action.
How California Law Defines Eviction
Eviction in California is a court-driven process that requires a tenant to vacate a rental unit. Landlords must move through each legal step precisely (from serving the correct notice to coordinating a sheriff-led lockout) to keep every action aligned with state law.
California outlines its eviction procedures in the Code of Civil Procedure, starting at Section 1159. Those statutes outline each phase: the notices landlords must serve, the time tenants have to respond, and the exact timeline courts will follow before possession changes hands.
Eviction With Just Cause
In California, just cause defines the specific, court-approved reasons a landlord may lawfully remove a tenant; think unpaid rent, repeated lease violations, or criminal conduct within the unit. Each reason carries its own legal weight and process.
Landlords may proceed with eviction only when they have valid just cause. These grounds split into two clear groups: at-fault (unpaid rent, unauthorized occupants, or property damage) and no-fault (owner move-in, significant repairs, or taking the unit off the market). Every category triggers distinct notice periods and procedural rules.
For both sides, just cause laws establish structure and fairness. Landlords must build a paper trail (detailed logs of communication, dated photos, and written warnings) to prove each claim if the dispute reaches court.
Supporting law: Cal. Civ. Code § 1946.2
No-Fault Evictions
Under AB 1482 (the California Tenant Protection Act of 2019), most rental units require just cause once a tenant completes 12 months in their rental unit. The law not only caps annual rent increases but also restricts no-fault evictions to narrow circumstances (such as owner-occupancy, major renovations, or permanently removing a unit from the market).
Once AB 1482 applies, landlords cannot refuse to renew fixed-term tenants just because a lease is going to expire. They may proceed only for approved no-fault reasons and must issue written notice and, in many cases, pay relocation assistance equal to 1 month’s rent (which is often credited toward the tenant’s final payment).
Month-to-month renters gain the same protections after 12 months in the unit. Landlords must give written notice based on how long the tenant has lived there: 30 days if occupancy is under 1 year, or 60 days if it exceeds 12 months. Certain properties, such as newly built units or owner-occupied duplexes, remain exempt if landlords still follow standard state notice rules.
Applicable law: Cal. Civ. Code §§ 1946.2, 1946.1, 1947.12
Grounds for Eviction in California
Landlords in California may evict tenants for several legally recognized reasons, which include:
Lease Violations
A rental agreement acts as the rulebook for how landlords and tenants share and care for a property. When tenants ignore those rules, landlords in California can pursue eviction for lease violations.
Examples of lease violations include:
- Unauthorized pets: A Santa Monica tenant sneaks in two large dogs despite a no-pet clause written to meet the building’s insurance terms.
- Illegal subletting: An Oakland renter lists their apartment on Airbnb every weekend, turning it into a mini short-term rental business behind the landlord’s back.
- Property damage: A Fresno tenant installs a wall-mounted AC without consent, shorting the wiring and cracking the exterior stucco.
Lease agreements protect both sides by setting clear expectations and consequences. When either party crosses the line, minor issues can spiral into expensive courtroom battles. Staying communicative, logging everything in writing, and addressing conflicts early can stop a disagreement from turning into an eviction.
Applicable law: Cal. Civ. Proc. Code § 1161(3)
Non-Payment of Rent
In California, tenants must pay rent exactly when their lease says it’s due, as there is no automatic grace period unless the agreement explicitly includes one. Once that deadline passes, the landlord can serve a 3-Day Notice to Pay Rent or Quit, giving the tenant 3 calendar days to pay in full or leave the property before the eviction process moves forward.
Few issues unravel a tenancy faster than unpaid rent. Some landlords may allow brief leniency, but California law empowers them to respond swiftly once payment falls behind. Tenants should speak up the moment they foresee a delay (even a single day) to prevent a simple late payment from turning into a full eviction filing.
Applicable law: Cal. Civ. Proc. Code § 1161(2)
Illegal Use of the Premises
California law allows landlords to evict tenants who turn their rental units into crime scenes or illegal businesses. A tenant might mix fentanyl in a suburban garage, host underground poker nights in a downtown loft, stash counterfeit handbags in a storage unit, or park stolen cars behind the building. All of these are clear grounds for eviction.
Illegal use endangers neighbors, violates local ordinances, and exposes landlords to severe legal risk. Once police confirm the activity (or the landlord gathers solid proof), the owner can act fast to regain possession and return the property to lawful, safe use.
Applicable law: Cal. Civ. Proc. Code § 1161(4)
Tenant Actions that Threaten Health or Safety
California law gives landlords the right to evict tenants whose actions endanger others or create unsafe living conditions. The state’s housing standards (and its implied warranty of habitability) require tenants to keep their homes clean, sanitary, and free from hazards that threaten neighbors or damage the property.
Typical health and safety violations include:
- Hoarding trash or spoiled food that draws rats, cockroaches, or maggots
- Blocking fire escapes or hallways with furniture and clutter
- Igniting fires or operating banned space heaters that risk electrical damage
Landlords should gather photo evidence, inspection notes, and witness statements before acting. They must issue a written notice describing each hazard and, when required by law, allow a fair chance to fix it. If the tenant ignores that warning, the landlord can proceed with eviction in court.
Applicable law: Cal. Civ. Proc. Code § 1161(4), Cal. Civ. Code § 1941.2
Destruction or Neglect of the Rental Unit
California landlords have the right to evict tenants who destroy or neglect their rentals to the point of serious damage or safety risk. State law requires every tenant to maintain a clean, livable space and to avoid causing harm beyond ordinary wear and tear.
To build a strong case, landlords should gather detailed proof: time-stamped photos of the damage, inspection reports from licensed professionals, repair estimates, and written exchanges with the tenant. Statements from contractors or neighbors can also add weight if the dispute ends up before a judge.
Applicable law: Cal. Civ. Proc. Code § 1161(4)
Step-by-Step Eviction Process in California
Evicting a tenant in California demands precision at every step. Landlords must cite a valid legal reason, serve the correct notice within the required timeframe, and, if the tenant refuses to comply, file an unlawful detainer lawsuit before the sheriff carries out the court’s order.
Below are the steps a landlord will follow from start to finish:
1. Deliver Notice to the Tenant
Landlords must first pinpoint the exact legal reason for eviction under California law. The notice depends on the violation: unpaid rent, a breach of a lease term, or serious misconduct. They may deliver a 3-Day Notice to Pay Rent or Quit, a 3-Day Notice to Perform or Quit, a 3-Day Notice to Quit for severe offenses, or a 30- or 60-Day termination notice for no-fault cases. Every rent demand must spell out the amount due and the time to pay.
Certain violations (like ongoing nuisances, property destruction, criminal conduct, or violent threats) leave no room for correction and trigger a 3-Day Notice to Quit. Landlords must serve each notice in accordance with the legal requirements (excluding weekends and court holidays when counting days). When a problem is fixable, tenants must have a fair chance to resolve it before the landlord proceeds with eviction.
Notice Forms & Timelines
- 3-Day Notice to Pay Rent or Quit: Used when tenants fail to pay rent on time.
- 3-Day Notice to Perform Covenant or Quit: Used for curable lease violations such as unauthorized occupants or pets.
- 3-Day Notice to Quit (Noncurable): Used for severe offenses like nuisance, property destruction, or illegal conduct.
- Pre-cure requirement for at-fault “just cause”: Required before evicting tenants under just-cause protections for certain curable violations.
- 30-/60-Day Notice to Terminate Tenancy: Used for lawful no-fault terminations based on the length of tenancy.
Applicable law: Cal. Civ. Proc. Code §§ 1161–1162, Cal. Civ. Code § 1946.1
2. File an Eviction Lawsuit Against the Tenant
After the notice period ends (or when a tenant ignores a fixable violation), the landlord will take the next step by filing an Unlawful Detainer complaint with the superior court in the county where the rental property is located. That filing officially initiates the eviction.
The landlord will pay a court fee (usually between $240 and $450), depending on the property’s location and how much rent the tenant owes. Once submitted, the clerk will review the paperwork, schedule a hearing date, and notify both sides. The landlord will then prepare to have the summons and complaint legally served to the tenant.
Applicable law: Cal. Civ. Proc. Code §§ 1166–1167
3. Serve Court Summons Paperwork to the Tenant
After the California court clerk assigns a hearing date, the landlord will hire a registered process server, sheriff, marshal, or neutral adult to hand-deliver the Summons (Form SUM-130) and Unlawful Detainer Complaint (Form UD-100) to the tenant. The server will complete a Proof of Service of Summons (Form POS-010), which the landlord will file with the court to verify delivery.
Once the tenant receives the summons, they will have 10 court days to respond by filing an Answer (Form UD-105) with the same court. If they miss the deadline, the landlord can request a default judgment. Both sides will then prepare to appear before the judge on the assigned court date.
Applicable law: Cal. Civ. Proc. Code §§ 415.10–415.50, 1167.3
4. Attend the Eviction Hearing
When the court date arrives, the landlord and tenant (or their attorneys) will stand before a California superior court judge to argue the eviction case. Each side will lay out evidence such as lease agreements, rent ledgers, notices, and written correspondence that supports their claims. Hearings usually take place within a few weeks after the tenant files a response.
Inside the courtroom, the judge will examine documents, photos, receipts, and witness statements. The court may ask pointed questions or demand more proof to clarify disputed details. Once both sides have finished presenting their arguments, the judge will carefully review everything before deciding how to rule.
Applicable law: Cal. Civ. Proc. Code §§ 1170–1170.5
5. Court Reaches a Ruling
After weighing every document, testimony, and photo, the judge will deliver a decision. In California, that ruling typically comes on the same day as the hearing or within a few days, depending on the court’s calendar and the complexity of the case.
If the tenant wins, they will be allowed to stay in the unit and may recover certain court costs. If the landlord wins, the judge will issue a Judgment for Possession, granting them the right to request a Writ of Possession. The tenant will then have 5 calendar days to appeal or request a stay before the sheriff enforces the order.
Applicable law: Cal. Civ. Proc. Code §§ 1174–1174.3
6. Judge Issues a Judgment for Possession
After reviewing all facts and testimony, the judge will issue a Judgment for Possession, officially granting the landlord the legal right to retake the property. The landlord will then visit the court clerk to request a Writ of Possession, which sets one final deadline before law enforcement steps in.
Once the clerk issues the writ, the county sheriff will post a Notice to Vacate, giving the tenant 5 days to leave. If other occupants live there and are not named in the case, they can file a Claim of Right to Possession. If no one acts within the allowed period or the court denies a stay, the sheriff will proceed with the physical lockout.
Applicable law: Cal. Civ. Proc. Code §§ 715.010–715.020, 1174(d)
7. Law Enforcement Executes the Writ of Possession
If the tenant remains past the deadline, the county sheriff or marshal will execute the Writ of Possession by removing anyone still inside the property and returning control of the unit to the landlord. The sheriff will oversee the lockout to ensure every step complies with California law.
Once the landlord regains access, they must deal with any belongings the tenant left behind according to state rules. California requires a written notice giving at least 15 days to retrieve possessions (or 18 days if mailed). If the tenant ignores that notice, the landlord may store, sell, or discard the items, depending on their value and the law’s disposal requirements.
Applicable law: Cal. Civ. Proc. Code § 715.020, Cal. Civ. Code §§ 1980–1991
Tenant Defense Against Eviction in California
An eviction reaches far beyond losing a place to live. It can wreck a tenant’s credit, besmirch a tenant’s rental history, and complicate future housing options. The emotional toll hits hard, too. Still, tenants can fight back and protect their rights through the court system.
To reduce the risk of eviction, tenants should track every message with their landlord, save proof of rent payments, and respond to notices promptly. Acting early matters. Negotiating a repayment plan or fixing a lease issue before court involvement can stop things from spiraling. Mediation programs also give both sides a chance to reach a practical solution without a judge.
When the process starts feeling unmanageable, tenants can reach out for help. In California, LawHelpCA.org connects renters with free or affordable lawyers who focus on housing law and can help draft paperwork or argue their case in court.
Timelines to Expect
In California, an eviction can be completed in 5 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the California eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-90 Calendar Days |
| Court Issuing/Serving Summons | 60 Business Days |
| Tenant Response Period | 5-15 Business Days |
| Court Ruling | ~20 Business Days |
| Court Serving Writ of Possession | 1-3 Business Days |
| Final Notice Period | 5-40 Calendar Days |
Flowchart of the California Eviction Process
Typical Court Fees
The average cost of an eviction in California for all filing, court, and service fees is $450. However, the cost varies heavily on the amount of the eviction claim. Eviction lawsuits can be filed in Superior Court where the dwelling unit is located.
| Fee | Superior |
| Initial Court Filing | $240+ |
| Summons Service | ~$40+ |
| Answer Filing | $225+ |
| Writ of Execution Issuance | $25 |
| Writ of Execution Enforcement | ~$145 |
| Notice of Appeal (Optional) | $225 |
Handle the California Eviction Process Confidently
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