California (CA) eviction guide
Quick answer
To evict a tenant in California, serve the correct written notice (as short as 3 days for nonpayment or lease violations), then file an unlawful detainer lawsuit in Superior Court if the tenant does not comply. The entire process from notice to lockout typically takes 30 to 90 days, with the court hearing scheduled within about 20 days of filing.
| Legal grounds | Nonpayment of rent, lease violation, nuisance, illegal activity, lease expiration, no-fault just cause |
|---|---|
| Minimum notice | 3 days (nonpayment or lease violation) |
| Where to file | Superior Court (limited civil division) |
| Filing fee | $240 to $435 (varies by amount claimed) |
| Typical timeframe | 30 to 90 days |
Required for nonpayment of rent; excludes weekends and court holidays and must state the exact amount owed plus payment details.
Used when the tenant breaks a lease term other than rent; the tenant gets 3 days to fix the violation or vacate.
No second chance given; required for serious violations such as nuisance, waste, or illegal activity on the premises.
Used for no-fault terminations such as a month-to-month tenancy ending; just-cause rules under AB 1482 may apply.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Written Notice | Day 1 | Deliver the correct notice in person, by substituted service, or by posting-and-mailing; the clock starts the next business day. |
| 2. Wait Out the Notice Period | 3 to 60 days | If the tenant pays, fixes the violation, or vacates, the eviction stops here; if not, you may proceed to court. |
| 3. File Unlawful Detainer Complaint | 1 to 3 days to file | File the Summons and UD Complaint at your county Superior Court and pay the filing fee of $240 to $435. |
| 4. Serve the Tenant with the Summons | Within a few days of filing | A process server or sheriff serves the tenant; under AB 2347 (effective January 2026) the tenant has 10 court days to file a written response. |
| 5. Attend the Court Hearing (Trial) | About 20 days after the complaint is filed | If the tenant responds, the court sets a trial date; if no response is filed, you can request a default judgment without a hearing. |
| 6. Obtain Writ of Possession and Sheriff Lockout | 5 to 14 days after judgment | The court clerk issues a Writ of Possession; the sheriff posts a 5-day notice at the property and returns to remove the tenant if they have not left. |
Filing an unlawful detainer costs $240 to $435 in court fees, plus roughly $75 to $150 for process server fees and $150 to $200 for the sheriff's lockout fee. Total out-of-pocket costs for an uncontested eviction typically run $500 to $800, not counting any attorney fees.
If the landlord wins, the court clerk issues a Writ of Possession, which the landlord takes to the county sheriff. The sheriff posts a 5-day notice to vacate on the property door, then returns to physically remove any tenant who remains. Self-help eviction (changing locks, removing belongings, or shutting off utilities without a writ) is illegal in California and exposes the landlord to damages.
General information, not legal advice. Governing statute: California Code of Civil Procedure sections 1161 to 1179a. Self-help eviction is illegal everywhere; always follow the court process.
California eviction FAQ
Most California evictions take **30 to 90 days** from the first notice to the final lockout. An uncontested case where the tenant does not respond can wrap up in as little as 3 to 4 weeks, while a contested case with a trial often runs 2 to 3 months or longer.
Court filing fees alone are **$240 to $435**, plus process server fees of about $75 to $150 and a sheriff lockout fee of roughly $150 to $200. Budget at least **$500 to $800** for an uncontested eviction without an attorney; contested cases with legal help can exceed $3,000 to $5,000.
No. California requires a court order for every eviction. A landlord who changes the locks, removes belongings, or shuts off utilities to force a tenant out without a court judgment is committing an illegal self-help eviction and can face actual damages plus **$100 per day** in statutory penalties under Civil Code 789.3.
The shortest valid notice is **3 business days**, used for nonpayment of rent or serious lease violations. Weekends and court holidays are excluded from that count. Longer notices of 30, 60, or 90 days apply to no-fault terminations and subsidized housing.
AB 2347, effective January 2026, doubled the time tenants have to respond to an unlawful detainer lawsuit from 5 to **10 court days**. Landlords should factor this extra response window into their timeline, as it can add roughly one week before a default judgment is available.
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