California Eviction Process

California Eviction Process

Last Updated: April 15, 2024 by Roberto Valenzuela

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
warning

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.

example

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

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Prohibited Local Eviction Criteria in California

As of 2024, California has 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)

Eviction notice posted on iPropertyManagement.com

Steps of the eviction process in California:

  1. Landlord serves tenant with written notice of violations
  2. Landlord files a complaint with the court due to unresolved violations
  3. Court serves tenant with summons and complaint
  4. Tenant files an answer
  5. Court holds hearing and issues a judgment
  6. Court issues a writ of possession
  7. 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:

  1. Hand delivery to the tenant
  2. 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
  3. 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.

tip

Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

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.

Eviction Complaint Filed on iPropertyManagement.com

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.

Eviction Summons Complaint Served   on iPropertyManagement.com

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:

  1. Giving a copy of the summons and complaint to the tenant person
  2. 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
  3. 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.”

note

Upon the landlord filing, the court will provide notice to the tenant within 60 days.

Eviction Answer Filed on iPropertyManagement.com

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 5 days and an 10 days are given for delivery by mail.

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.

note

A tenant will have between 5-15 days to file an answer, depending how the tenant was served with the summons and complaint.

Eviction Court Hearing on iPropertyManagement.com

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.

note

The hearing will be scheduled for a date within 20 days of the date the request for hearing that was filed by the landlord.

Eviction Writ of Execution on iPropertyManagement.com

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.

note

The landlord must request the writ of execution, but it can be issued the same day as the hearing.

Eviction property possession returned on iPropertyManagement.com

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.

note

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 Process Flowchart on iPropertyManagement.com

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

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