General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- California evictions run through a court case called an unlawful detainer, and only a sheriff can physically remove a tenant.
- Many tenancies are covered by just cause rules under the Tenant Protection Act of 2019 (AB 1482), and some cities add stricter rules.
- The notice you serve must match the reason for the eviction, and a defective notice is one of the most common reasons cases fail.
- Self-help tactics such as changing locks or shutting off utilities are illegal and can expose a landlord to penalties.
- An uncontested case often takes about one to two months, while a contested case can take considerably longer.
Evicting a tenant in California is a formal legal process with little room for shortcuts. The case is called an unlawful detainer, it moves faster than most civil lawsuits, and courts expect landlords to follow every step precisely. A small mistake in a notice can send you back to the beginning.
This guide walks through the process from the first notice to the day a sheriff restores possession. It is general information, not legal advice. California eviction law changes often, and many cities layer their own rules on top of state law, so talk with a local landlord-tenant attorney before you serve a notice.
For a broader overview of how evictions work in any state, see our eviction process overview and the definition of eviction.
Lawful grounds for eviction
California recognizes two broad types of grounds. At-fault grounds are based on the tenant’s conduct, and no-fault grounds are based on the owner’s legitimate plans for the property.
Common at-fault grounds include:
- Nonpayment of rent
- A material breach of the lease that the tenant does not fix after notice
- Nuisance, waste or using the unit for an unlawful purpose
- Refusing lawful entry after proper notice
- Criminal activity on the property, within the limits the statute sets
Under the Tenant Protection Act of 2019 (AB 1482), many tenancies require just cause once a tenant has continuously and lawfully occupied the unit for 12 months. No-fault grounds under the act include an owner or qualifying relative moving in, withdrawing the unit from the rental market, a government order, and a substantial remodel. A 2023 amendment narrowed the owner move-in and remodel grounds. For no-fault terminations, the act generally requires relocation assistance equal to one month’s rent or a waiver of the final month’s rent.
Some properties are exempt from AB 1482, and some cities, including Los Angeles, San Francisco and Oakland, have local just cause ordinances with different rules and higher relocation payments.
Notice types
The notice must match the reason. Using the wrong notice, the wrong amount or the wrong service method is a frequent cause of dismissal.
| Notice | When it is used | Notice period |
|---|---|---|
| Notice to pay rent or quit | Unpaid rent | 3 days, excluding weekends and judicial holidays |
| Notice to perform covenant or quit | A curable lease violation | 3 days, excluding weekends and judicial holidays |
| Notice to quit | Serious, incurable conduct such as nuisance or illegal use | 3 days |
| Termination of month-to-month tenancy | No-fault endings where permitted | 30 days if the tenant has lived there under a year, 60 days if a year or more |
Some subsidized tenancies require longer notice, and properties covered by just cause rules must state the specific cause in the notice. Notices are typically served personally, by substituted service with mailing, or by posting and mailing when the first two methods fail.
Tip: Keep a dated copy of every notice, proof of service and your rent ledger. Courts look closely at the paperwork, and organized records make your case easier to present.
Filing the unlawful detainer
If the notice period ends and the tenant has not paid, fixed the problem or moved out, you can file an unlawful detainer complaint in the superior court for the county where the property is located. The filing includes a summons, the complaint, a copy of the notice and the required cover sheets.
The tenant must then be served with the summons and complaint. The landlord cannot serve the papers personally, so most owners use a registered process server or the sheriff. Some counties require additional local forms or tenant rights notices with the filing.
Tenant response and hearing
Once served, the tenant has a short window to file an answer or another response. California extended that window to 10 court days for cases filed starting in 2025. If the tenant does not respond in time, you can request a default judgment.
If the tenant files an answer, either side can request a trial date. Unlawful detainer cases get priority on the calendar, and trial is commonly set within a few weeks of the request. Tenants often raise defenses such as a defective notice, habitability problems, retaliation, discrimination or a violation of just cause rules. Many courts also offer mediation or settlement conferences, and some cases end with a negotiated move-out date or a cash for keys agreement.
Judgment, writ and removal
If you win, the court enters a judgment for possession and may award unpaid rent and costs. You then ask the court clerk to issue a writ of possession and deliver it to the county sheriff with the required fee and instructions.
The sheriff serves a notice to vacate on the tenant, which gives the occupants a short period, typically five days, to leave. If they remain, the sheriff returns to remove them and put you back in possession. Any personal property left behind must be handled under the state rules for abandoned property, which require written notice and a waiting period before disposal.
No self-help evictions
California strictly prohibits self-help. You may not change the locks, remove doors or windows, shut off utilities, remove the tenant’s belongings or otherwise force a tenant out without a court order. Violations can lead to statutory penalties for each day the conduct continues, plus actual damages and attorney fees. Harassment and retaliation claims can follow as well.
Typical timeline
Every case is different, and court backlogs vary widely by county. As a rough guide only:
- Notice period: about 3 to 5 days for rent or cure notices, or 30 to 60 days for terminations
- Filing and service: often 1 to 2 weeks
- Response period: 10 court days after service
- Default or trial: a few days to several weeks after the response deadline
- Sheriff lockout: often 1 to 3 weeks after the writ is issued
An uncontested nonpayment case often takes around 30 to 60 days from notice to lockout. A contested case, a case with service problems or a case in a busy county can take two to three months or more. Treat these ranges as estimates, not promises.
Verify current law
Eviction rules in California change frequently through new legislation, court decisions and local ordinances. Cities and counties can add just cause requirements, relocation payments, registration rules and notice language that state law does not require. Before acting, confirm the current statute text, check your local ordinance and speak with a California landlord-tenant attorney.
Related reading: California landlord-tenant rights, California rent control laws, the California lease termination letter and our lease agreement guide. If you manage many units, TenantLoop workflows can help you track notice dates and documents in one place.
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Before you act on it. Check the statute too; this is not legal advice.
Can a California landlord change the locks to remove a tenant?
No. Lockouts, utility shutoffs and removing a tenant's belongings are prohibited self-help. Only a sheriff, acting on a writ of possession issued by the court, can carry out the removal.
How long does a tenant have to respond to an unlawful detainer?
Starting in 2025, California extended the response period to 10 court days after service, not counting weekends and judicial holidays. Confirm the current deadline with the court, since procedural rules change.
Does every California tenancy require just cause to end?
No. AB 1482 applies once a tenant has lawfully occupied the unit for 12 months and has several exemptions, such as newer construction and some single-family homes owned by individuals. Local ordinances can be broader. See our California rent control guide.
Can I include late fees in a 3-day notice to pay rent or quit?
As a general practice, the notice should demand only the rent actually owed. Adding late fees or other charges can make the notice defective, so many attorneys recommend leaving them out.