How to Evict a Tenant in California: Laws, Process, and Timeline
California Eviction Timeline 2026: The Unlawful Detainer Process, Step by Step
California makes eviction procedurally strict in a way most states don’t — a defective 3-day notice can sink the whole case, and a tenant who answers has a right to a jury trial. This page walks through the unlawful detainer lawsuit itself: notice, filing, trial, the writ. AB 1482 just-cause rules, deposits, and repair obligations are covered separately on our California landlord-tenant law guide.
California’s eviction statute is state law (Code of Civil Procedure § 1161 et seq., Civil Code § 1940 et seq.), but the notice period and grounds a landlord can use are not the same in every city. Los Angeles, San Francisco, Oakland, San Jose, and Berkeley layer local rent-control and just-cause ordinances on top of the state floor — a notice that’s valid in most of the state can still be invalid inside one of these cities. Check the local ordinance before relying on the statewide numbers below.
Grounds and Notice Periods
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent | 3 days | CCP § 1161(2) | Yes — pay the exact amount stated; the notice can’t include late fees, utilities, or other charges, or it’s invalid |
| Lease violation | 3 days | CCP § 1161(3) | Yes — cure the specific violation named |
| Nuisance / illegal activity | 3 days | CCP § 1161(4) | No |
| No-cause, tenancy under 1 year (non-AB 1482 property) | 30 days | CC § 1946.1 | N/A |
| No-cause, tenancy 1+ years (non-AB 1482 property) | 60 days | CC § 1946.1 | N/A |
| No-fault just cause (AB 1482-covered property, tenant 12+ months) | 30–60 days, plus relocation assistance equal to one month’s rent | CC § 1946.2 | N/A |
All three 3-day notices run in court days — weekends and judicial holidays don’t count toward the three, so a notice served on a Thursday doesn’t expire until the following Wednesday at the earliest.
AB 1482 (the Tenant Protection Act) blocks no-cause termination entirely on covered properties once a tenant has been there 12 months or more — the landlord needs an “at-fault” reason (the grounds above) or a “no-fault” one (owner move-in, substantial remodel, withdrawal from the rental market), and no-fault grounds carry a relocation-payment requirement. Single-family homes not owned by a corporation and buildings under 15 years old are generally exempt — but a local ordinance can still apply its own just-cause rule regardless of AB 1482’s exemptions.
The Court Process
- File the complaint. Once the notice period runs out, the landlord files a verified unlawful detainer complaint (signed under penalty of perjury) in the superior court for the county where the property sits.
- Service. Personal service is required where reasonably possible; substituted service (leaving it with another adult at the property, plus mailing) or post-and-mail are allowed only after a documented attempt at personal service, per CCP § 1162.
- Tenant’s response. As of January 1, 2026, this window is not what older guides say. Under CCP § 1167 as amended by AB 2347 (effective January 1, 2025), a tenant served personally has 10 days — excluding Saturdays, Sundays, and court holidays — to respond, not the pre-2025 rule of 5 days. Service by mail or through the Secretary of State’s confidential-address program adds 5 more court days, for 15 total. No answer, and the landlord can seek a default judgment.
- Trial. Either side can request a trial date; CCP § 1170.5(a) requires the court to set it no later than 20 days after that request. Unlawful detainer cases get statutory trial preference over ordinary civil cases, and a tenant has a right to a jury trial if they ask for one.
- Judgment. A landlord who wins gets a judgment for possession, plus back rent and costs where applicable.
- Writ of possession and the 5-day vacate window. Once the levying officer serves or posts the writ, CCP § 715.020 gives the occupants 5 days from that service or posting to leave on their own — this one, unlike some states, really is a countdown to voluntary move-out, not a delay before the writ can be issued at all. If nobody’s left after 5 days, the officer removes them and hands the landlord possession.
What This Costs
Superior court filing fees for an unlawful detainer are set by the Judicial Council schedule and vary somewhat by the relief sought — check the fee schedule posted by the specific county’s superior court before filing, since a single statewide figure would understate some counties and overstate others. Attorney representation is common given how procedurally strict California’s notice and service rules are; a defect in the notice (wrong amount, missing required language, improper service) is one of the most common reasons a case gets dismissed and has to restart.
What a Landlord Cannot Do
California’s self-help penalty, Civil Code § 789.3, applies to lockouts, utility shutoffs, and removing a tenant’s belongings without a sheriff-executed writ: actual damages plus up to $100 for each day the violation continues, with a $250 minimum per violation, plus attorney’s fees. Filing for eviction within 180 days of a tenant reporting a habitability violation, exercising a legal right, or organizing with other tenants creates a rebuttable presumption under Civil Code § 1942.5 that the filing is retaliatory — proven retaliation carries actual damages plus a civil penalty of up to $2,000 per violation, separate from any penalty under § 1940.2 for conduct meant to force the tenant out.
After a lawful lockout, abandoned belongings aren’t just discarded. Civil Code §§ 1980–1991 requires a written Notice of Right to Reclaim, giving the former tenant at least 15 days to respond if the notice is delivered in person, or at least 18 days if it’s mailed. Property worth $700 or less (resale value, not replacement cost) can be kept or disposed of; above that, it has to go to public auction, advertised at least 5 days ahead in a local newspaper.
Frequently Asked Questions
How long does a tenant have to respond to an unlawful detainer in California? 10 days after personal service, counting only court days (no weekends or holidays) — up from 5 days before AB 2347 took effect January 1, 2025. Mail or confidential-address service adds 5 more court days, for 15 total. Any guide still citing “5 days” for personal service is describing the old rule.
Does the writ of possession give the tenant time to leave, or does the landlord have to wait before getting one? Both, at different points. CCP § 715.020 gives occupants 5 days after the writ is served or posted to leave voluntarily before the levying officer removes them — that part is a real move-out window. The stay is earlier in the process, at the notice and trial-scheduling stages, not built into the writ’s issuance the way it works in some other states.
Can a California landlord change the locks once they’ve filed? No. Filing doesn’t authorize anything — only a sheriff or marshal executing a writ of possession can remove a tenant. A landlord who locks a tenant out, cuts utilities, or removes belongings before that is liable under Civil Code § 789.3 for actual damages, up to $100 per day the violation continues, a $250 minimum, and attorney’s fees.