From start to finish, an eviction in California can take around 5 to 8 weeks, depending on the reason for eviction and whether the tenant contests it.
Grounds for an Eviction in California
In California, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
- Committing illegal activity
Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 3 Days | Yes |
| End of Lease or No Lease | 30/60 Days | No |
| Lease Violations | 3 Days | Yes |
| Illegal Activity or Repeat Violations | 3 Days | No |
Even when there are legal grounds to evict, proper notice must first be given before ending the tenancy.
Nonpayment of Rent
In California, a landlord can evict a tenant for not paying rent on time. The landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in California the day immediately after its due date. California landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on March 1st, it will be considered late starting on March 2nd, unless the lease specifically states there is a grace period.
End of Lease or No Lease
In California, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). For tenants with no lease or a lease of less than 1 year, the landlord serves a 30-day notice. For tenancies of 1 year or more, the landlord serves a 60-day notice.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In California, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under California landlord-tenant law. Landlords must first serve the tenant a 3 days’ notice to perform covenants or vacate, which gives the tenant a chance to fix the issue or move out.
Lease violations include:
- Failing to maintain the premises in a clean and sanitary manner
- Not disposing of garbage or other waste properly
- Using electrical, gas, plumbing or other fixtures in an unreasonable or unsafe manner
- Causing minor property damage (i.e. small holes in the sheetrock and missing blinds)
- Refusing to allow the landlord access to the rental unit
- Subletting or assigning the premises without the landlord’s consent
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity or Repeat Violations
In California, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must first serve the tenant a 3 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out within the 3-day period.
In California, illegal activity includes:
- Engaging in or promoting prostitution
- Making criminal threats or engaging in criminal activity
- Permitting or committing a criminal nuisance
- Using a firearm or other deadly weapon
- Causing substantial destruction to the premises
- Committing illegal drug activity
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in California
In California, there are a few different types of eviction actions that are illegal. If proven in court, the landlord could be liable for actual damages sustained, punitive damages in an amount not less than $100 or no more than $2,000 for each retaliatory act, and reasonable attorneys’ fees.
“Self-Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right.
These rights include:
- Complaining to the landlord about an issue with the property
- Contacting a local or government agency about an issue with the property
- Joining, supporting or organizing a tenant union or organization
- Pursuing a legal action against the landlord
- Withholding rent for uninhabitable rental units
Prohibited Local Eviction Criteria in California
California in 2024 overhauled the way local governments may regulate evictions. No local government may encourage or require:
- Eviction as a result of alleged arrest or unlawful conduct (including alleged arrest or unlawful conduct of members of the household who are not tenants)
- A criminal background check on a tenant
- A certificate of occupancy obtained by a tenant
- Blacklist registries (of any type, including for non-criminal conduct like past eviction)
Steps of the eviction process in California:
- Landlord serves tenant with written notice of violations
- Landlord files a complaint with the court due to unresolved violations
- Court serves tenant with summons and complaint
- Tenant files an answer
- Court holds hearing and issues a judgment
- Court issues a writ of possession
- Constable returns possession of property to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in California by serving the tenant with written notice. California landlords may deliver an initial written eviction notice through any of the following methods:
- Hand delivery to the tenant
- If the tenant is absent from the residence and the tenant’s usual place of business: Hand delivery to a person of suitable age at either the residence or usual place of business, PLUS delivery by mail to the tenant’s residence
- If all forms of hand delivery fail: Posting the notice to a conspicuous place on the property, PLUS delivery by mail to the property, addressed to the tenant, PLUS (if possible) handing the notice to a person residing on the property
California considers service by mail to take place five (5) calendar days after mailing.
Many California properties may be federally entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or other fees. This minimum applies to any residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired.
3-Day Notice To Quit
In California, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or vacate the premises.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in California who has resided at the property for less than 1 year, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
For tenants that don’t pay rent monthly, the amount of notice does not change since the notice period is based on the length of tenancy.
60-Day Notice To Vacate
For a tenant with a month-to-month lease in California who has resided at the property for 1 year or more, the landlord can serve them a 60-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 60 days to move out.
For tenants that don’t pay rent monthly, the amount of notice does not change since the notice period is based on the length of tenancy.
3-Day Notice To Perform Covenants or Vacate
In California, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 3-Day Notice To Perform Covenants or Vacate. This eviction notice gives the tenant 3 days to fix the issue or move out.
3-Day Notice To Vacate
In California, if a tenant commits illegal activity on the premises, the landlord can serve them a 3-Day Notice To Vacate. This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
If the notice period ends and the tenant remains on the property, the next step in the eviction process allows the landlord to file a complaint and summons with the Superior Court. The proper jurisdiction will be in the county in which the property is located.
The complaint should include the following information:
- Landlord and tenant contact information
- The rental address including county
- The type of tenancy and lease agreement
- If the tenancy is subject to the Tenant Protection Act of 2019
- The grounds for eviction (i.e., nonpayment of rent, lease violation, etc.)
- The type of notice that was served, the date of service, and the method of delivery service
- The landlord’s demand requests (i.e., possession, rent due, attorney’s fees, damages, etc.)
- If the tenancy is subject to rent control
Additionally, if applicable, the following documents should be attached to the complaint for the court’s records:
- A copy of the lease or rental agreement (if there is one) and any written changes the tenant agreed to
- A copy of the eviction notice
- A copy of written proof that notice was given (i.e., return receipt for mailer, etc.)
Some courts in California have additional local forms to complete, so check with the court clerk’s office for any additional requirements.
Step 3: Court Serves Tenant with Summons and Complaint
The summons and complaint can be served on the tenant by anyone who is at least 18 years old and not part of the case such as the sheriff. The landlord must have the tenant served within 60 days of filing the complaint, or the case could be dismissed by the court. The individual who serves the tenant must complete a Proof of Service of Summons form which must be filed with the Court Clerk.
The summons and complaint may be served by one of the following methods:
- Giving a copy of the summons and complaint to the tenant in person
- Leaving a copy of the summons and complaint with the person in charge during normal business hours at the tenant’s place of work and mailing a copy of the summons and complaint by first-class mail
- Posting a copy of the summons and complaint in a conspicuous place on the rental unit
If the summons and complaint are left with someone other than the tenant, or posted on the rental property, then a copy must also be mailed to the tenant for service to be considered “complete.”
Upon the landlord filing, the court will provide notice to the tenant within 60 days.
Step 4: Answer is Filed
In California, tenants are not required to file a formal, written answer to an eviction complaint. If the tenant chooses to fight and challenge the eviction, the process can take much longer and can include a number of additional steps (i.e., the judge might order for both parties to appear at a hearing).
The answer must be filed within 10 judicial days. When the defendant is served by mail or through the state address confidentiality program, the tenant gets another five judicial days to file an answer.
Judicial days exclude Saturdays, Sundays, and official holidays when courts are closed. For most purposes, a judicial day is the same as a business day.
If the tenant fails to respond, a landlord may ask for a default judgment and request for immediate order of possession without needing to go to a court hearing.
If the tenant does respond, the landlord must file a request for a hearing, asking the court to set a hearing date for the eviction. To challenge the eviction, the tenant should be prepared to write down the reasons why he or she shouldn’t be forced to move out. The answers should be given both the Court Clerk and the landlord.
Both the default judgment and the order of possession bypass the hearing; therefore, the tenant will not have the opportunity to present their case for why they should be allowed to remain in the rental unit.
A tenant will have between 10-15 judicial days to file an answer, depending how the tenant was served with the summons and complaint.
Step 5: Court Holds Hearing and Issues Judgment
Once the landlord files a request for hearing, the eviction hearing will be scheduled within 20 days of the date the request was filed.
To prepare for the hearing the landlord and tenant should bring the following:
- A copy of the lease agreement
- A copy of the notice to quit or to pay
- The complaint
- Any evidence (i.e., photos of damage, receipts, billing statements, etc.) or witnesses to help prove the case in court
Regardless if the eviction was contested or not, if the judge rules in favor of the landlord, a writ of execution will be subsequently issued and the process will proceed.
In California, filing an appeal will not stop the eviction. The only way a tenant can stop an eviction is to request a stay of execution after receiving the writ of execution in accordance with Step 6 below.
The hearing will be scheduled for a date within 20 days of the date the request for hearing that was filed by the landlord.
Step 6: Writ of Execution Is Issued
The writ of execution is the tenant’s final notice to leave the premises and allows the tenant the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant. The filing fee is around $40 to issue a writ of execution.
The landlord must request the writ of execution, but it can be issued the same day as the hearing.
Step 7: Possession of Property is Returned
Tenants have 5 days to move out once they have been served with a copy of the writ of execution. If a tenant does not move out within that period, the sheriff will return and forcibly remove them.
It’s possible for tenants to request a stay of execution, which would delay the eviction for an additional 40 days. If granted by the court, this will only put off the eviction, not prevent it, and the tenant will still need to move out after the 40 days has ended.
The tenant has 5 days to move out of the rental unit after being served with the writ of execution. This process can be delayed by up to 40 additional days if a stay is requested.
California Eviction Process Timeline
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 California Eviction Process
California Eviction 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 |
Sources
- 1 Cal. Code Civ. Proc. § 1161(1)
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When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.
The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.
Source Link - 2 Cal. Civ. Code § 1946.1(b) & (c)
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(b) An owner of a residential dwelling or commercial real property hired by a qualified commercial tenant giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.
(c) Notwithstanding subdivision (b), an owner of a residential dwelling or commercial real property hired by a qualified commercial tenant giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if a tenant or resident has resided in the dwelling or occupied the property for less than one year.
Source Link - 3 Cal. Code Civ. Proc. § 1161(3)
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When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that person’s unlawful detention of the premises underlet to or held by that person.
Source Link - 4 Cal. Code Civ. Proc. § 1161(4)
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Any tenant, subtenant, or executor or administrator of that person’s estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlord’s successor in estate, shall upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.
Source Link - 5 Cal. Civ. Code § 3486(a) & (c)
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(a) To abate the nuisance caused by illegal conduct involving a controlled substance purpose on real property, the city prosecutor or city attorney may file, in the name of the people, an action for unlawful detainer against any person who is in violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure…
(c) For the purposes of this section, “controlled substance purpose” means the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving, cocaine, phencyclidine, heroin, methamphetamine, or any other controlled substance, in a violation of subdivision (a) of Section 11350, Section 11351, 11351.5, 11352, or 11359, subdivision (a) of Section 11360, or Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, or 11383 of the Health and Safety Code.
Source Link - 6 Cal. Civ. Code § 3482.8
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Any building or property used for the purpose of willfully conducting dogfighting in violation of Section 597.5 of the Penal Code or cockfighting in violation of subdivision (b) of Section 597b of the Penal Code is a public nuisance.
Source Link - 7 Cal. Civ. Code § 1942.5
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(h) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(i) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action.
(j) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
Source Link - 8 Cal. Civ. Code § 1942.5(a)
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If the lessor retaliates against the lessee because of the exercise by the lessee of the lessee’s rights under this chapter or because of the lessee’s complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
Source Link - 9 Cal. Gov. Code § 53165.1(a) - (c)
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(a) For the purposes of this section:
(1) “Law enforcement agency” means a department or agency of the United States, state, local government, or other political subdivision thereof, authorized by law or regulation to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of criminal or civil law, including, but not limited to, the United States Immigration and Customs Enforcement and the State Department of Social Services.
(2) “Local government” has the same definition as that term is defined in Section 82041.
(3) “Penalty” means the following:
(A) An actual or threatened assessment of fees, fines, or penalties.
(B) An actual or threatened eviction, termination of a tenancy, or the actual or threatened failure to renew a tenancy.
(C) An actual or threatened denial of a housing subsidy.
(D) An actual or threatened revocation, suspension, or nonrenewal of a certificate of occupancy or a rental certificate, license, or permit.
(E) A designation or threatened closure of a property or designation as a nuisance property or as a perpetrator of criminal activity under local law, or imposition or threatened imposition of a similar designation.
(F) An actual or threatened nuisance action.
(4) “Program” means a voluntary or mandatory initiative operated or endorsed by a local government or a law enforcement agency.
(5) “Tenancy” has the same meaning as in paragraph (3) of subdivision (i) of Section 1946.2 of the Civil Code.(b) A local government shall not promulgate, enforce, or implement an ordinance, rule, policy, program, or regulation effecting a tenancy that does any of the following:
(1) Imposes or threatens to impose a penalty against a resident, owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency.
(2) Requires or encourages a landlord to do, or imposes a penalty on a landlord for the failure to do, any of the following:
(A) Evict or penalize a tenant because of the tenant’s association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction.
(B) Evict or penalize a tenant because of the tenant’s alleged unlawful conduct or arrest.
(C) Include a provision in a lease or rental agreement that provides a ground for eviction not provided by, or that is in conflict with, state or federal law.
(D) Perform a criminal background check of a tenant or a prospective tenant.
(3) Defines as a nuisance, contact with a law enforcement agency, request for emergency assistance, or an act or omission that does not constitute a nuisance pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code.
(4) Requires a tenant to obtain a certificate of occupancy as a condition of tenancy.
(5) Establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the local government’s jurisdiction.
(c)(1) This section preempts a local ordinance, rule, policy, program, or regulation, or any provision thereof, that is inconsistent with this section, irrespective of the effective date of the ordinance, rule, policy, program, or regulation. A local ordinance, rule, policy, program, or regulation that is inconsistent with this section is void as a matter of public policy and shall not serve as a basis of eviction.
(2) This section does not prohibit a local government from promulgating, enforcing, or implementing an ordinance, rule, policy, program, or regulation that is otherwise consistent with state law.
Source Link - 10 Cal. Code Civ. Proc. § 1162
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The notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.
Source Link - 11 Cal. Code Civ. Proc. § 1013(a)
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Source Link
Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.
- 12 Housing Authority of the City of Alameda, Eviction Protection Kit at p. 2 (created Jul. 12, 2024)
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Properties and tenancies that are covered under the CARES ACT must be provided 30 days’ notice to vacate for non-payment of rent.
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Caution: There is not yet any statewide judicial guidance in California regarding the CARES Act requirements. As noted above, the City of Alameda officially states a 30-day notice is required for nonpayment of rent or other fees. An Alameda court case from June 2024 confirms this. While not an official resource, California Association of Realtors guidance from May 2023 agrees that the law appears to require a 30-day notice to evict for nonpayment of rent or other fees, in properties covered by the CARES Act.
Source Link - 13 Cal. Code Civ. Proc. § 1167.1
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If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.
Source Link - 14 Cal. Code Civ. Proc. § 415.10
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A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery.
The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective.
Source Link - 15 Cal. Code Civ. Proc. § 415.20(b)
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If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
Source Link - 16 Cal. Code Civ. Proc. § 415.45(a) & (b)
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(a) A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that:
(1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or
(2) The party to be served has or claims an interest in real property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding such party from any interest in such property.
(b) The court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at his last known address.
Source Link - 17 Cal. Code Civ. Proc. § 1167
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(a) The summons shall be in the form specified in Section 412.20 except that when the defendant is served, the defendant’s response shall be filed within 10 days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon the defendant.
(b) If service is completed by mail or in person through the Secretary of State’s address confidentiality program under Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the defendant shall have an additional five court days to file a response.
(c) Except as otherwise provided in this section, the summons shall be issued and served and returned in the same manner as a summons in a civil action.
Source Link - 18 Cal. Code Civ. Proc. § 1170.5(a)
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If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made. Judgment shall be entered thereon and, if the plaintiff prevails, a writ of execution shall be issued immediately by the court upon the request of the plaintiff.
Source Link - 19 Cal. Code Civ. Proc. § 715.010(b)
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In addition to the information required by Section 712.020, the writ of possession of real property shall contain the following:
(1) A description of the real property, possession of which is to be delivered to the judgment creditor in satisfaction of the judgment.
(2) A statement that if the real property is not vacated within five days from the date of service of a copy of the writ on the occupant or, if the copy of the writ is posted, within five days from the date a copy of the writ is served on the judgment debtor, the levying officer will remove the occupants from the real property and place the judgment creditor in possession.
(3) A statement that any personal property, except a mobilehome, remaining on the real property after the judgment creditor has been placed in possession will be sold or otherwise disposed of in accordance with Section 1174 unless the judgment debtor or other owner pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time the judgment creditor takes possession of the real property.
(4) The date the complaint was filed in the action that resulted in the judgment of possession.
(5) The date or dates on which the court will hear objections to enforcement of a judgment of possession that are filed pursuant to Section 1174.3, unless a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46.
(6) The daily rental value of the property as of the date the complaint for unlawful detainer was filed unless a summons, complaint, and prejudgment claim of right of possession were served upon the occupants in accordance with Section 415.46.
(7) If a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46, a statement that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises.
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