Eviction Process in California: Step-by-Step Guide for Tenants & Landlords

The California eviction process 2025 can feel overwhelming whether you rent a studio or manage an entire portfolio. Missed rent, lease breaches, or owner move-ins launch a strict legal sequence that spans notices, court filings, and sheriff lockouts. One misstep—wrong notice length, faulty service, or habitability issues—can delay removal for months or hand tenants an easy defense. This guide walks you through every phase, from drafting the first notice to understanding appeal rights, and links to practical tools you can use today. Ready to act? Download our free templates and avoid avoidable errors.

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Quick Facts

3/30/60-day notice cheat-sheet
Average 45-60 days from filing to lockout
90% of pro-se landlords lose for paperwork errors
“Self-help” lockouts: civil penalty up to $200/day
65% of cases settle in mediation in L.A. County

Key Statutes

CCP § 1161 – Grounds for eviction
CCP § 1162 – Proper service methods
Civ Code § 1946.2 – Just-cause after 12 months
CCP § 1174 – Sheriff lockout authority
Sheriff posting a 5-day eviction notice on a Los Angeles apartment door

Eviction Timeline in California

1. Serving the Notice

Every case starts with a written notice: 3-day pay-or-quit for unpaid rent, 3-day cure-or-quit for lease violations, or 30/60-day termination for month-to-month tenants. To comply with California 3 day notice to quit rules, the landlord must use the exact statutory language and serve it under CCP § 1162—personal delivery, substitute service on a competent adult at the unit, or “nail and mail.” Mistakes here restart the clock.

2. Waiting Period & Tenant Response

The clock starts the day after service. Tenants can pay, cure, or vacate. They may also raise defenses such as habitability or improper rent increase, especially in rent-controlled jurisdictions. If the notice expires without compliance, the landlord may proceed but must double-check service affidavits and rent-control filings to avoid dismissal later.

3. Filing the Unlawful Detainer

The unlawful detainer case California timeline begins with Form UD-100 in the correct county. Filing fees run $240-$385. After the clerk stamps the summons, a process server or sheriff must serve the tenant. An answer is due within five court days; failure allows the landlord to request a default judgment. Improper venue, missing attachments, or bad service are common pitfalls.

4. Court Hearing & Judgment

If the tenant files an answer, the court schedules trial 20-30 days later. Either party may demand jury trial by paying additional fees. Evidence should include the lease, notices, photos, ledgers, and witness declarations. Settlements can occur in the hallway moments before trial. A judgment awards possession, back rent, and possibly attorney fees. The question how long does the eviction process take in California hinges on court backlog—currently four to six weeks in most counties.

5. Sheriff Lockout & Collection

After judgment, the clerk issues a Writ of Possession. The marshal posts a 5-day notice to vacate—this is the core of the sheriff lockout timeline California. On day six, deputies return to remove occupants and transfer keys. Landlords have a duty to store left-behind property for 15 days. Money judgments last 10 years and can be renewed for another 10, allowing wage garnishment or bank levy.

Valid Grounds for Eviction

California law recognizes several “just-cause” categories once tenants hit 12 months of occupancy: non-payment of rent, material lease breach, nuisance, criminal activity, owner or family move-in, substantial remodel, withdrawal under the Ellis Act, and refusal to allow lawful entry. Rent-controlled cities add local prerequisites such as relocation fees or permits. Always cite the exact statute and attach supporting evidence. A vague “lease violation” notice invites dismissal and possible attorney fees for the tenant.

Common Tenant Defenses

Tenant defenses to eviction in California cluster around four themes: (1) defective notice—wrong length, missing dates, or improper service; (2) retaliation for exercising legal rights; (3) uninhabitable conditions under Civ Code § 1941, allowing rent offset; and (4) discrimination under the Fair Housing Act. Tenants may also challenge rent amounts if increases violated local caps or AB 1482. Raising these defenses early can buy negotiation time or lead to outright dismissal. Keep photos, repair requests, and all correspondence in order to persuade the judge or leverage settlement.

Landlord Mistakes that Cause Dismissal

From missing proof of service to underestimating relocation fees, owners often sabotage their own cases. The most frequent landlord mistakes that dismiss eviction case include:

  • Serving a 3-day notice that demands late fees or interest.
  • Failing to attach a rent ledger to the complaint.
  • Not registering the unit with a rent board before filing.
  • Proceeding during a pending habitability complaint.
  • Ignoring COVID-19 related repayment plans still in effect.

Alternatives to Eviction

Sometimes litigation is the costliest route. Alternatives to eviction in California mediation cash for keys agreements can save months of vacancy and legal fees. Options include:

  • Mediation through community programs—over 60% settle within one session.
  • “Cash-for-keys” buyouts that pay tenants to leave voluntarily.
  • Structured payment plans with automatic dismissal upon completion.
  • Rent reduction in exchange for agreed move-out date.

All deals should be in writing, signed by every adult occupant, and notarized when large sums are involved.

Step-by-Step Eviction Guide

  1. Confirm Grounds — Review the lease, payment history, and local ordinances. Non-payment and nuisance are universal, but owner move-in or substantial remodel require additional affidavits in rent-controlled jurisdictions.
  2. Calculate Notice Length — Use our tables to match tenancy type: 3 days for rent, 30 days if tenant lived under 1 year, 60 days if over. Wrong length voids the case.
  3. Serve Notice Correctly — To serve eviction notice correctly in California, hand it to the tenant, substitute-serve a co-resident, or post and mail. Keep a signed proof of service.
  4. Track Cure Deadlines — Mark calendars. Acceptance of partial rent after notice may waive the action unless explicitly reserved in writing.
  5. File Unlawful Detainer — Assemble the complaint, lease, and ledgers. File in the county where the property sits to avoid venue challenges.
  6. Prepare Evidence — Photos, texts, ledgers, and inspection reports persuade judges. Organize by date and label exhibits for quick reference.
  7. Attend Court or Negotiate — Arrive early, check in, and explore settlement. Judges favor agreements that maintain housing stability.
  8. Coordinate Sheriff Lockout — File the Writ within six months of judgment. The sheriff will post a 5-day notice and return to restore possession.
  9. Handle Security-Deposit Settlement — Return any balance within 21 days or face suits in small claims court California security deposit not returned.

Unsure when you can lawfully file? Plug your notice date into our free Eviction Notice Deadline Calculator and see the earliest filing day instantly.

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Frequently Asked Questions

A 3-day notice—often called a “3-Day Pay or Quit”—addresses curable problems such as unpaid rent or specific lease breaches. It must itemize the exact amount owed and give tenants three calendar days to cure, excluding the day of service. A 30-day notice, by contrast, terminates a month-to-month tenancy that has existed for less than one year and does not require a reason unless the unit is protected by local just-cause ordinances. Once tenants pass the 12-month mark, state law under Civ Code § 1946.2 requires a 60-day notice and, in many cases, a stated just-cause. Landlords often confuse the two, but courts dismiss cases that rely on the wrong notice length, making it vital to consult the California 3 day notice to quit rules before serving.

Once an answer is filed, the unlawful detainer case California timeline stretches to roughly 45-60 days in most counties. The court sets trial within 20-30 days after the landlord files a request to set. Discovery—interrogatories, document requests, and depositions—adds another ten days if either side uses them. Continuances, jury demands, or COVID-related backlog can extend the schedule. Conversely, if the tenant defaults by missing the 5-day answer window, landlords may obtain judgment in as little as two weeks. Budget extra time in rent-controlled cities where rent boards require pre-filing clearances or relocation payments.

Hearings are brisk—often 15 minutes—because unlawful detainers are entitled to calendar priority. Each side presents evidence, calls witnesses, and cross-examines. The landlord must first prove a valid notice, proper service, and continued possession. Tenants introduce defenses such as uninhabitability, retaliation, or payment. If the judge rules from the bench, the clerk prepares a judgment immediately. Either party may request a statement of decision for complex cases. Appeals must be filed within five days for possession issues, 30 days for monetary awards. Because the window is tight, bring all evidence to the initial hearing—there is rarely a second chance.

Under CCP § 1174, the sheriff posts a 5-Day Notice to Vacate after receiving the Writ of Possession. This is the core of the sheriff lockout timeline California. Day one begins the next business day. If the date falls on a court holiday, the departure deadline extends to the following day. Tenants who remain risk forcible removal and storage fees for belongings. Doctors’ notes or disability accommodation requests rarely extend the lockout, but sheriffs may give a courtesy 24-hour delay if both parties agree in writing. After repossession, landlords should promptly change locks and document the unit’s condition.

No. Any “self-help” eviction—shutting off utilities, removing doors, or changing locks—violates Civ Code § 789.3. Tenants may sue for actual damages, plus statutory penalties of $100-$200 per day. In cities like Los Angeles, local ordinances add treble damages and attorney fees. Courts also commonly grant temporary restraining orders forcing landlords to restore occupancy. The safer path is to complete the judicial process and let the sheriff supervise the lockout. Even if tenants have vacated, confirm abandonment legally before re-keying to avoid claims of unlawful exclusion.

Yes, but only in limited circumstances. Under CCP § 1161.2, cases remain sealed for the first 60 days. Afterward, public visibility depends on outcome. If the tenant wins, or if the court dismisses the case, records stay sealed automatically. To expunge eviction record California when losing, tenants may file a motion showing the judgment was in error or the case meets special housing assistance criteria. Some counties offer stipulations where landlords agree to set aside judgment upon payment. Private screening companies must update their databases within 30 days of receiving corrected information, but tenants often need to send them the court order directly.

Explore Related Resources

Legal References

Statute / Ordinance Topic Link
CCP § 1161 Grounds for eviction Read statute
CCP § 1162 Service of notices Read statute
CCP § 1174 Sheriff lockout authority Read statute
CCP § 1179a Post-judgment relief Read statute
Civ Code § 1946.2 Just-cause terminations Read statute
Los Angeles RSO Local rent & eviction rules LA Housing Dept.
San Francisco Rent Board Local eviction controls SF Rent Board
San Diego Tenant Protections Citywide just-cause law San Diego Gov

Tenant Support Organizations

Tenants Together – Statewide Hotline

As California’s largest renter-rights coalition, Tenants Together fields thousands of calls each year on eviction notices, habitability issues, and deposit disputes. Volunteers walk callers through defenses, send template letters, and connect low-income tenants with pro-bono attorneys. Phone: (888) 495-8020 — tenantstogether.org

LA Right to Counsel Coalition

This Los Angeles initiative provides free legal representation to qualifying renters facing eviction. Staff attorneys appear in court, negotiate “cash-for-keys” settlements, and secure stays of execution for vulnerable households. Hotline screenings determine eligibility within 24 hours. Phone: (888) 694-0040 — stayhousedla.org

Bay Area Legal Aid

Serving seven counties, BayLegal runs weekly eviction defense clinics, multilingual hotlines, and rapid response teams to stop illegal lockouts. The organization also educates tenants on rent control and relocation benefits, ensuring equitable outcomes. Phone: (800) 551-5554 — baylegal.org

Inland Counties Legal Services

ICLS assists residents of Riverside and San Bernardino Counties with unlawful detainer responses, trial preparation, and settlement negotiations. Its housing unit secures hardship stays for seniors and disabled tenants and offers workshops on sealing eviction records. Phone: (888) 245-4257 — inlandlegal.org

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