California Eviction Process Guide – Notices, Procedures & Timelines

The California Eviction Process: A Step-by-Step Legal Guide

Understand every step of California's eviction process—from serving proper notice through unlawful detainer court proceedings to sheriff lockout. A comprehensive guide to help landlords navigate this complex legal process.

Updated January 2026

15 min read

Step 1: Establish Valid Grounds

Before serving any notice, confirm you have legally valid grounds for eviction. Under California's Tenant Protection Act (AB 1482), covered properties require "just cause" for evictions after 12 months of tenancy.

At-fault causes: Nonpayment of rent, breach of lease terms, nuisance, criminal activity, refusing access for repairs, subletting without permission, refusing to sign a lease renewal with similar terms.

No-fault causes: Owner move-in, withdrawal from rental market (Ellis Act), demolition or substantial renovation, government order to vacate. No-fault evictions require one month's rent as relocation assistance.

Step 2: Serve the Proper Notice

California requires specific notices depending on eviction grounds:

3-Day Notice to Pay or Quit
For nonpayment of rent only

3-Day Notice to Cure or Quit
For curable lease violations

3-Day Notice to Quit
For nuisance/illegal activity (no cure)

30/60-Day Notice
For no-fault terminations

Service requirements: Personal service (handing directly to tenant), substituted service (leaving with competent adult plus mailing), or posting and mailing (affixing to door plus mailing). Improper service invalidates the entire process.

Step 3: File Unlawful Detainer Lawsuit

If the tenant doesn't comply with the notice, file an unlawful detainer complaint in Superior Court. The complaint must include the original lease, notice served and proof of service, and statement of facts supporting eviction. Filing fees range from $240-$435 depending on amounts sought.

Step 4: Serve Summons and Complaint

After filing, formally serve the tenant with the summons and complaint. This requires a process server or sheriff—landlords cannot serve these documents themselves. The tenant has 5 days to file a response (compared to 30 days for most civil cases).

Step 5: Court Proceedings

If tenant doesn't respond: Request default judgment, significantly shortening the process. The court can enter judgment without trial.

If tenant responds: A trial is scheduled, typically within 20 days. Unlawful detainer trials are expedited. Both parties present evidence and the judge rules on whether eviction is warranted. Tenants may raise defenses including improper notice, habitability issues, retaliation, or discrimination.

Step 6: Judgment and Writ of Possession

If the landlord prevails, the court issues a judgment for possession. The landlord then obtains a writ of possession and delivers it to the sheriff. The tenant typically has 5 days to vacate after the writ is posted.

Step 7: Sheriff Lockout

If the tenant remains after the writ period, the sheriff conducts a physical lockout. Only the sheriff can remove a tenant—landlords cannot change locks, remove belongings, or shut off utilities (these "self-help" evictions are illegal and can result in significant liability).

Realistic Timeline

Uncontested: 30-45 days from notice to lockout

Contested: 60-120+ days, sometimes longer with delays

Common Mistakes That Cause Dismissal

Improper notice content (wrong amount, wrong type), defective service (not following legal requirements), accepting partial rent after serving notice, procedural errors in filing, and missing court deadlines all can cause case dismissal, requiring the process to restart from the beginning.

Given the complexity and stakes involved, most landlords benefit from attorney representation for evictions. Professional property managers can coordinate with eviction attorneys and provide the documentation needed to support successful proceedings.