Evictly
CA

California Eviction Process

Court: Superior Court, Unlawful Detainer division (county where property is located)

30 Min. days
(uncontested)
60 Typical days
365 Worst case
(contested)
Yes Self-rep OK?

Notice Types

3-Day

3-Day Notice to Pay Rent or Quit

Nonpayment Excludes weekends

Cannot include late fees, utilities, or other charges. Eshagian v. Cepeda. Days must be court days (excludes weekends and judicial holidays).

3-Day

3-Day Notice to Cure or Quit

Lease Violation Excludes weekends

Must specify the breach and what tenant must do to cure it.

3-Day

3-Day Notice to Quit (Unconditional)

Uncurable Violation Excludes weekends

For nuisance, waste, illegal activity, or subletting without permission.

30-Day

30-Day Notice to Vacate

No Fault

For tenants who have occupied the unit less than 1 year.

60-Day

60-Day Notice to Vacate

No Fault

For tenants who have occupied the unit 1 year or more. AB 1482 just-cause required for covered units.

Step-by-Step Process

1

Serve written notice

Serve notice by personal delivery, substituted service (leave with adult + mail), or posting + mailing. Keep proof of service.

2

Wait for notice period to expire +3 days

3-day notices: count court days only (exclude weekends and judicial holidays). 30/60-day: calendar days.

3

File Unlawful Detainer complaint +1 days

File UD-100 complaint at the Superior Court. Pay filing fee. Attach copy of lease and notice served.

4

Serve summons on tenant +5 days

Process server or registered sheriff. Personal service preferred. Must be done within 60 days of filing.

5

Tenant response period +5 days

Tenant has 5 business days to file a written response after being served. If no response: request default.

6

Request default judgment or set hearing +5 days

If no answer: file Request for Entry of Default (UD-105). If tenant answers: court sets trial date within 20 days.

7

Court hearing / trial +20 days

Bring all evidence: lease, notices, proof of service, rent ledger. Judge may rule same day.

8

Judgment and Writ of Possession issued +1 days

If landlord wins: court issues Writ of Possession (EJ-130). File with Sheriff's department.

9

Sheriff enforces lockout +5 days

Sheriff posts 5-day notice to vacate, then returns to enforce lockout. Sheriff fee varies by county (~$145).

Key Warnings

  • Self-help eviction (changing locks, removing belongings, shutting off utilities) is illegal — Civil Code §789.3. Penalties up to $100/day.
  • AB 1482 (2020): Just cause required after 12 months for units 15+ years old. Owner move-in is grounds but requires relocation assistance.
  • Many cities (LA, SF, Oakland, Berkeley, Santa Monica) have stronger local just-cause and relocation assistance ordinances.
  • 3-day notice days are court days — weekends and court holidays do NOT count.
  • Cannot include late fees or non-rent charges in the amount on a pay-or-quit notice.

Court & Filing Details

CourtSuperior Court, Unlawful Detainer division (county where property is located)
Filing Fee$240–$435 depending on county and claim amount
StatuteCalifornia Code of Civil Procedure §§1161–1179.5; Civil Code §§1940–1954.05
Find the Courtsuperior court in the county where property is located

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This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.