Eviction Process In California

Evicting a tenant in California means following Unlawful detainer action in Superior Court exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to California's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

California residential evictions are unlawful detainer actions filed in the Superior Court for the county where the rental sits. Grounds are set out in Code of Civil Procedure § 1161, and additional just-cause limits apply to most tenancies of 12 months or more under Civil Code § 1946.2 (the Tenant Protection Act).

• The unlawful detainer case is filed in the superior court in the county where the rental home is located. (Cal. Code Civ. Proc. § 1161 et seq.)
• A landlord cannot lock a tenant out, shut off utilities, or throw out belongings to force a move; the process requires notice, then a court case, then court-ordered enforcement. (Cal. Civ. Code § 789.3)

Lawful Grounds For Eviction

Code of Civil Procedure § 1161 lists holdover after expiration of tenancy, nonpayment of rent, breach of a lease covenant, waste/nuisance/unlawful use, and a tenant's own failure to surrender after giving notice; Civil Code § 1946.2 further requires "just cause" for most residential tenancies of 12+ months.

• A tenant is guilty of unlawful detainer for continuing in possession after the expiration of the lease term without the landlord's permission. (Cal. Code Civ. Proc. § 1161(1))
• Nonpayment of rent is grounds for unlawful detainer once the tenant defaults after being served a three days' written notice requiring payment. (Cal. Code Civ. Proc. § 1161(2))
• Breach of a lease covenant other than rent is grounds for unlawful detainer after a three days' written notice requiring performance of that covenant. (Cal. Code Civ. Proc. § 1161(3))
• Assigning or subletting in violation of the lease, committing waste, maintaining a nuisance, or using the premises for an unlawful purpose is grounds for unlawful detainer after a three days' notice to quit. (Cal. Code Civ. Proc. § 1161(4))
• Once a tenant has continuously and lawfully occupied a covered residential unit for 12 months, the landlord may terminate only for an enumerated "just cause" (at-fault or no-fault); several property types, including owner-occupied duplexes and certain new construction, are exempt. (Cal. Civ. Code § 1946.2)

Notice Requirements

Notices range from a 3-day pay/cure/quit notice for at-fault grounds up to 30, 60, or 90 days for no-fault termination, with relocation assistance required for no-fault just-cause terminations.

• 3-Day Notice to Pay Rent or Quit: used for nonpayment; the 3 days exclude weekends and court holidays, and the notice must state the tenant's name, address, exact rent owed, payment deadline, and payment instructions. (Cal. Code Civ. Proc. § 1161(2))
• 3-Day Notice to Perform Covenants or Quit: used for a curable lease violation, excluding weekends/holidays from the count, and must describe the problem and the fix-or-move deadline. (Cal. Code Civ. Proc. § 1161(3))
• 3-Day Notice to Quit (no cure offered): used for serious problems such as illegal activity, major damage, or safety hazards; this 3-day count includes weekends and court holidays. (Cal. Code Civ. Proc. § 1161(4))
• 30-Day or 60-Day Notice to Quit ends a month-to-month tenancy: 30 days if the tenancy is under one year, 60 days if one year or longer. (Cal. Civ. Code § 1946.1)
• A no-fault just-cause termination (owner move-in, withdrawal from the rental market, government order, or intent to demolish/substantially remodel) requires the landlord to pay one month's rent as relocation assistance within 15 days, or waive the final month's rent in writing; failure to do either voids the termination notice. (Cal. Civ. Code § 1946.2)

Filing The Case

The case is filed on Judicial Council form UD-100 with a Summons (SUM-130) in the Superior Court of the county where the property sits; filing fees run from roughly $240 to $435 depending on the amount claimed.

• The Complaint - Unlawful Detainer is Judicial Council form UD-100; the accompanying Summons is form SUM-130. (Judicial Council forms UD-100, SUM-130)
• Filing fees are roughly $240 for claims up to $10,000, $385 for claims from $10,001-$35,000, and $435 for claims over $35,000 (some counties charge slightly more); a fee waiver is available based on income or public-benefits status. (Government Code fee schedule, as summarized by the Judicial Council)

Serving The Tenant

The Judicial Council's self-help guide names personal service, substituted service, and posting-and-mailing as the three permitted service methods for a landlord's summons and complaint; confirm the per-method timing rules against the statute text before relying on them.

• California recognizes personal service, substituted service, and "posting and mailing" as alternative ways for a landlord to serve the Summons and Complaint on a tenant. (Cal. Code Civ. Proc. §§ 415.10, 415.20, 415.45)

The Tenant's Response

The tenant's Answer (form UD-105) is due within 10 court days after personal service, with longer windows for substituted, posted, or Safe-at-Home service.

• After direct personal service, the tenant has 10 court days (excluding weekends and court holidays) to file the Answer, form UD-105. (Cal. Code Civ. Proc. § 1167)
• After substituted or posted service, the tenant's response window totals 20 days after mailing: 10 calendar days, then 10 court days. (Cal. Code Civ. Proc. § 1167)
• A tenant enrolled in the Safe at Home confidential-address program has 15 days, not counting Saturdays, Sundays, or court holidays, to respond. (Cal. Code Civ. Proc. § 1167)

Hearing And Judgment

The overall process, from serving the notice to a completed move-out, typically runs 30 to 45 days or more; a win for the landlord produces a Judgment of Possession.

• The full unlawful detainer timeline, from giving notice through move-out, generally takes 30 to 45 days or more. (Cal. Code Civ. Proc. § 1161 et seq.)
• A landlord who wins the case obtains a Judgment of Possession, and must then file a Writ of Execution (form EJ-130) with the court clerk to enforce it. (Cal. Code Civ. Proc. § 1174)

The Writ And Lockout

Once the sheriff receives the Writ of Execution, the tenant gets a 5-day Notice to Vacate before physical removal; any personal property left behind must be stored safely, owners notified, and unclaimed items disposed of under the Civil Code.

• After receiving the Writ of Execution, the sheriff serves the tenant a Notice to Vacate giving 5 days to move voluntarily before the sheriff returns to physically remove the tenant. (Cal. Code Civ. Proc. § 1174)
• Personal property left behind must be stored in a safe place, with notice to possible owners given under Civil Code § 1983; unclaimed items are disposed of under Civil Code § 1988, and the landlord may release the property once storage costs are paid. (Cal. Code Civ. Proc. § 1174; Cal. Civ. Code §§ 1983, 1988)
• Where malice is shown in a forcible-entry or unlawful-detainer case, the court may award up to $600 in statutory damages in addition to actual damages. (Cal. Code Civ. Proc. § 1174)

Prohibited Practices

Civil Code § 789.3 bars landlord self-help, including utility shutoffs, lock changes, and removing a tenant's belongings without consent, and sets statutory penalties on top of actual damages.

• A landlord may not willfully cause or threaten to cause the interruption or termination of a utility service, including water, heat, electricity, gas, or telephone, to force a tenant out. (Cal. Civ. Code § 789.3(a))
• A landlord may not change the locks, remove exterior doors or windows, or remove the tenant's belongings without written consent, except through the lawful eviction process. (Cal. Civ. Code § 789.3(b))
• A landlord who violates the self-help ban is liable for the tenant's actual damages plus $100 for each day of violation (or part of a day), with a minimum of $250 per violation, plus the prevailing party's attorney's fees; the tenant may also seek an injunction. (Cal. Civ. Code § 789.3(c), (d))

Recent Changes Worth Tracking

• The current version of Code of Civil Procedure § 1161 carries an operative date of February 1, 2025, reflecting amendments to the unlawful detainer grounds provision (including notice-fee restrictions and an expanded definition of "tenant"). (Cal. Code Civ. Proc. § 1161 (operative Feb. 1, 2025))

Eviction is the last step in a relationship that's already gone wrong. See our guide to California property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a California attorney, and confirm the current text of any rule cited above with Superior Court or the California legislature.

Sources

Every fact above is drawn from one of the official sources below.

• Cal. Code Civ. Proc. § 1161 et seq. (filing an eviction case), California Courts Self-Help Guide (Judicial Council of California)
• Cal. Civ. Code § 789.3, California Courts Self-Help Guide (Judicial Council of California)
• Cal. Code Civ. Proc. § 1161(1), California Legislative Information (official statute text)
• Cal. Civ. Code § 1946.2, California Legislative Information (official statute text)
• Cal. Code Civ. Proc. § 1161(2), California Courts Self-Help Guide (Judicial Council of California)
• Judicial Council forms UD-100, SUM-130, California Courts Self-Help Guide (Judicial Council of California)
• Cal. Code Civ. Proc. §§ 415.10, 415.20, 415.45, California Courts Self-Help Guide (Judicial Council of California)
• Cal. Code Civ. Proc. § 1167, California Courts Self-Help Guide (Judicial Council of California)
• Cal. Code Civ. Proc. § 1161 et seq., California Courts Self-Help Guide (Judicial Council of California)
• Cal. Code Civ. Proc. § 1174, California Courts Self-Help Guide (Judicial Council of California)
• Cal. Code Civ. Proc. § 1174; Cal. Civ. Code §§ 1983, 1988, California Legislative Information (official statute text)
• Cal. Civ. Code § 789.3(a), California Legislative Information (official statute text)