Steps of the eviction process in California:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court serves tenant with summons & complaint.
- Answer is filed.
- Court holds hearing and issues judgment.
- Writ of possession is issued.
- Constable returns possession of property to landlord.
Evicting a tenant in California can take around five to eight weeks, depending on the type of eviction. If tenants request a continuance or jury trial, the process can take longer.

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 or not upholding responsibilities under California law. Even so, proper notice must first be given before ending the tenancy.
Grounds | Notice Period | Curable? |
---|---|---|
Nonpayment of Rent | 3 Days | Yes |
End of / No Lease | 30/60 Days | No |
Lease Violation | 3 Days | Maybe |
Illegal Activity | 3 Days | No |
Evictions for Nonpayment of Rent
In California, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to pay or vacate. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days); however, weekends and legal holidays are excluded.
Eviction for No Lease / End of Lease
In California, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out.
The landlord can provide month-to-month tenants who have lived at the rental unit for less than 1 year a 30 days’ notice to vacate and for month-to-month tenants who have lived at the rental unit for 1 year or more a 60 days’ notice to vacate.
However, no prior notice is needed in the following situations:
- Expired fixed-term leases.
- If the rental unit is part of a job package, and the tenant loses the job or quits.
- No lease agreement.
Where no notice is needed, a landlord may file an eviction action directly with the court without giving a tenant written notice beforehand.
In the state of California, landlords in rent-controlled cities are not allowed to terminate a tenancy without cause; therefore, cannot evict tenants because the rental period has ended.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Violation of Lease or Responsibilities
In California, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under California landlord-tenant law. Some violations allow the tenant to fix (“cure”) the issue to avoid removal and other violations do not allow the tenant to fix the issue (“incurable”) and must vacate immediately.
If the issue is curable the landlord must give 3 days’ notice to cure or vacate and if the issue is incurable the landlord must give a 3 days’ notice to vacate without the chance to fix the issue.
Tenant responsibilities include:
- Keeping the premises clean and sanitary.
- Disposing all rubbish, garbage and other waste in a clean and safe manner.
- Properly using all electrical, gas, and plumbing fixtures in a clean and sanitary manner.
- Not permitting any person on the premises to willfully destroy, deface, damage, impair or remove any part of the premises.
Curable Violations
For more minor offenses, the tenant is given an opportunity to fix (“cure”) the issue and shall be given 3 days’ notice to cure or vacate.
Examples of curable violations include:
- Having unauthorized pets.
- Not maintaining the unit in a clean and habitable manner.
- Not keeping the fixtures clean and sanitary.
- Using the rental unit for purposes other than living, sleeping, cooking or dinner.
Incurable Violations
For more serious violations, the tenant isn’t given the opportunity to fix the issue and shall be given 3 days’ notice to vacate.
Examples of incurable violations include:
- Excessive property damage.
- Non-criminal nuisances.
- Subletting without the landlord’s approval.
Eviction for Illegal Activity
In California, a tenant can be evicted if they commit an illegal activity. Tenants who are involved in illegal activity can be given a 3 days’ notice to vacate, without the opportunity to fix the issue.
Examples of illegal activity includes:
- Criminal threats.
- Criminal activity.
- Unlawful business activity (i.e., prostitution, using the rental unit as a business if that’s prohibited in the lease, etc.).
- Criminal nuisances.
- Illegal firearm activity.
- Illegal drug activity.
- Dogfighting or cockfighting.
If the tenant remains on the premises after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in California
In California, any of the below is illegal. If found liable, landlords can pay the tenant 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
No matter the situation, a landlord is not allowed 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.
- Complaining to the landlord about a bed bug issue.
- 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.
- Withholding rent for uninhabitable rental units.
Retaliation is when the landlord does any of the above actions within 180 days of when the tenant has exercised their legal right.

Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in California by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Hand delivering the notice to the tenant.
- Mailing a copy of the notice via regular mail or certified mail.
- Leaving the notice in a conspicuous place (i.e., on the front door).
- Leaving a copy at the tenant’s residence with a competent adult.
- Posting a copy in a conspicuous place at the rental unit and mailing a copy to the tenant.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
3-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in California, the landlord can serve them a 3-Day Notice to Pay or Quit. This notice gives the tenant 3 judicial days (not including weekends and legal holidays) to pay the entire remaining balance or vacate the premises.
30-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in California who has resided at the property less than 1 year, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
60-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in California who has resided at the property 1 year or more, the landlord must serve them a 60-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 60 calendar days to move out.
3-Day Notice to Cure or Vacate
In California, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 3-Day Notice to Cure or Vacate. This eviction notice gives the tenant 3 calendar days to fix the issue or move out.
3-Day Notice to Quit
In California, if a tenant commits a serious violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 calendar 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 requires the landlord to file a Complaint (also known as an Unlawful Detainer) and Summons with the Superior Court of the applicable county in California. In most counties, this costs between $240 and $435 in filing fees.
The complaint should include the following information:
- Landlord and tenant contact information.
- The county where the property is located.
- The rental property address.
- The type of tenancy (i.e., monthly, etc.).
- The type of lease agreement (i.e., written, oral, etc.).
- 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 please check with the court clerk’s office for any additional requirements.

Step 3: Court Serves Tenant with Summons & 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 (i.e., marshal, sheriff, registered process server, etc.). 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 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; or
- 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.”
Once the Summons and Complaint have been served, the tenant has a chance to respond.

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 five business days and an additional ten days are given for delivery by mail.
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.
After the appropriate time has expired, the landlord then has three options:
- If the tenant failed to respond, the landlord can ask for a default judgment without having to go to a court hearing, which could take a few days to a few weeks, depending on the judicial officer’s schedule.
- If the tenant failed to respond, the landlord can get an immediate order of possession from the clerk of court’s office. It is important to note that this can only be done if the landlord is not asking for back rent/other monies owed.
- If the tenant did respond, the landlord must file a request for a hearing, asking the court to set a hearing date for the eviction.
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.

Step 5: Court Holds Hearing & 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.
The landlord or tenant could possibly request an extension. The decision is granted or denied by the judicial officer.
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.

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.
If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a Writ of Execution and shall be issued at the hearing.

Step 7: Possession of Property is Returned
Tenants have five 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.

Court Fees
To file an eviction lawsuit with the court, there are filing fees that need to be paid and vary in each county, please check with your local court to verify the filing fee. Typically, in California, court fees depend on the amount the landlord is suing for. Below are the general filing fee costs:
The Amount the Landlord is Suing for | The Average Cost of Filing Fees |
Suing Less Than $10,000 | $240 |
Suing Between $10,000 to $25,000 | $385 |
Suing Between Over $25,000 | $435 |
It is important to note that San Bernardino, San Francisco and Riverside counties have higher filing fees.
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
For additional questions about the eviction process in California, please refer to the official state legislation, California Civil Code §§1940-1954 and 3479-3486.5 and the California Code of Civil Procedure, §415.10,715, and 1159-1179a,for more information.
Sources
- 1 CA Code of Civ Proc §1161 (2019)
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(2)…after default in the payment of rent…and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment …or possession of the property, shall have been served upon him or her…
- 2 CA Civ Code §1946.1 (2019)
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(b) An owner of a residential dwelling…shall give notice at least 60 days prior to the proposed date of termination. (c) Notwithstanding subdivision (b), an owner of a residential dwelling…shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.
- 3 CA Code of Civ Proc §1161 (2019)
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(3)…after a neglect or failure to perform other conditions or covenants of 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 the performance of such conditions or covenants, or the possession of the property, shall have been served upon him or her…
- 4 CA Code of Civ Proc §1161b (2019)
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(a)…a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy…shall be given 90 days’ written notice to quit…(b)…tenants or subtenants…under a fixed-term residential lease…shall survive foreclosure, except that the tenancy may be terminated upon 90 days’ written notice to quit…
- 5 CA Code of Civ Proc §1161 (2019)
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4…committing waste…or maintaining, committing, or permitting the maintenance or commission of a nuisance…or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord…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.
- 6 CA Code of Civ Proc §1161 (2019)
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4…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…shall be deemed to have committed a nuisance upon the premises.
- 7 CA Civ Code §3485 (2019)
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c)…the illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, or giving away of any of the following:
(1) A firearm…(2)…ammunition…(3) Any assault weapon…(4) Any .50 BMG rifle…(5) Any tear gas weapon… - 8 CA Civ Code §3486(2019)
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(c)…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…
- 9 CA Civ Code §3482.8 (2019)
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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.
- 10 CA Civ Code § 1942.5 (2019)
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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.
- 11 CA Civ Code § 1942.5 (2021)
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(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his 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 his or her 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) …has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor…(2) …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…(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.
- 12 CA Code of Civ Proc §1167.1 (2019)
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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.
- 13 CA Code of Civ Proc §415.10 (2019)
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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.
- 14 CA Code of Civ Proc §415.20 (2019)
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b) If a copy…cannot…be personally delivered…a summons may be served by leaving a copy at the person’s…usual place of abode, usual place of business…in the presence of a competent member of the household or a person apparently in charge of his or her…place of business…and by mailing a copy of the summons and of the complaint by first-class mail…
- 15 CA Code of Civ Proc §415.45 (2019)
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a) A summons…may be served by posting if…it appears to the satisfaction of the court…that the party to be served cannot with reasonable diligence be served in any manner specified in this article…(b) The court shall order…that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at his last known address.
- 16 CA Code of Civ Proc §1167 (2019)
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(a)…the defendant’s response shall be filed within five days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon him or her.
- 17 CA Code of Civ Proc §415.20 (2019)
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(b)…Service of a summons in this manner is deemed complete on the 10th day after the mailing.
- 18 CA Code of Civ Proc §1170.5 (2019)
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(a) 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.
- 19 CA Code of Civ Proc §715.10 (2019)
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2)…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…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.