✓ Law Verified June 2026
Facing eviction in California? This guide explains the california eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from California law, verified as of June 2026.
In This California Guide:
California Eviction Notice Periods
Before a landlord can file an eviction lawsuit in California, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 3 days (3-Day Notice to Pay Rent or Quit under CCP 1161(2); tenant can stop eviction by paying full rent owed within 3 calendar days; if the last day falls on a weekend or court holiday, the deadline extends to the next business day) |
| Lease violation | 3 days (3-Day Notice to Perform Covenants or Quit under CCP 1161(3); this is a CURABLE notice — if the tenant fixes the violation within 3 days, the landlord cannot proceed; for incurable violations like nuisance, waste, or illegal activity under CCP 1161(4), the landlord may serve a 3-Day Notice to Quit with NO option to cure) |
| No-cause / end of tenancy | 30 days if the tenant has lived in the unit less than 1 year, or 60 days if 1 year or more (Civil Code 1946.1); HOWEVER, under the Tenant Protection Act (AB 1482, Civil Code 1946.2), no-cause evictions are PROHIBITED for covered tenancies — the landlord must state a legally recognized just cause; exempt properties include certain owner-occupied duplexes, single-family homes not owned by a corporation or LLC (with proper written notice in the lease), and buildings with a certificate of occupancy issued within the last 15 years |
| Holdover tenant | 3 days (3-Day Notice to Quit under CCP 1161(1) for tenants holding over after lease expiration without landlord consent); for holdover after a foreclosure sale, CCP 1161a applies with a 90-day notice under the federal Protecting Tenants at Foreclosure Act |
| Tenant must respond within | 10 court days from the day after service to file an Answer, demurrer, or motion to quash (CCP 1167, as amended by AB 2347 effective January 1, 2025 — this replaced the prior 5-court-day deadline); court days exclude weekends and judicial holidays, so 10 court days equals approximately 14 calendar days; if the tenant does not respond, the landlord may seek a default judgment |
| Realistic total timeline | 30 to 45 days for an uncontested eviction (tenant does not respond); 45 to 75 days for a contested eviction where the tenant answers but there are no major delays; 60 to 120 days or longer if the case goes to trial with continuances, appeals, or a hardship stay; typical uncontested nonpayment timeline breaks down as: 3 days for notice, 7 to 10 days to file and serve the complaint, 14 calendar days for the tenant response period, 3 to 5 days for default judgment, and 14 to 21 days for Sheriff processing and lockout |
How the Eviction Lawsuit Is Filed in California
After the notice period expires and the tenant has not complied, the landlord files an Unlawful Detainer complaint (form UD-100) and Summons (form SUM-130) in the California Superior Court in the county where the rental property is located; typical filing fees range from 240 to 435 depending on the county and amount demanded; the complaint must then be properly served on the tenant
Hearing timeline: Unlawful detainer cases receive priority scheduling under CCP 1170.5; if the tenant does not file an answer, the landlord can request a default judgment immediately after the response deadline passes; if the tenant does answer, the trial is typically set within 20 days of a request for trial setting, though actual timing varies by county and court congestion; most trials are completed in a single day as bench trials
Writ of possession / lockout: After the court enters judgment for the landlord, the landlord obtains a Writ of Possession from the court clerk and delivers it to the county Sheriff’s Civil Division; the Sheriff typically takes 2 to 4 weeks to process and post a 5-Day Notice to Vacate on the rental unit; if the tenant does not leave within 5 days of posting, the Sheriff returns to physically remove the tenant and restore possession to the landlord (CCP 1174, CCP 715.010); tenants may request a stay of execution for hardship of up to 40 days under CCP 918
Tenant Defenses Against Eviction in California
Depending on your situation, you may be able to raise defenses such as:
- Defective notice (wrong rent amount
- missing required language
- wrong address
- or failure to include required disclosures — California courts strictly construe notice requirements)
- improper service of notice or complaint (not served according to CCP requirements)
- premature filing (complaint filed before the notice period expired)
- payment or cure within the notice period (tenant paid rent or fixed the violation in time)
- breach of the implied warranty of habitability (landlord failed to maintain the unit in habitable condition under Civil Code 1941-1942.5
- such as lack of heat
- water
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
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What Your Landlord CANNOT Do
In California, a landlord cannot evict you without a court order. Under Civil Code 789.3, a California landlord CANNOT engage in self-help eviction — this includes: changing locks or security devices on doors; removing doors or windows; shutting off or interrupting utilities including water, heat, electricity, gas, telephone, elevator, or refrigeration; removing the tenant’s personal property from the unit; any other action that prevents the tenant from using the dwelling; penalties include 100 per day for each day the violation continues, actual damages, a minimum award of 250 per violation, and mandatory attorney’s fees to the prevailing tenant; only a court-ordered eviction carried out by the county Sheriff is legal in California
Free legal help: California Courts Self-Help Centers offer free legal information at courthouses statewide (selfhelp.courts.ca.gov); LawHelpCA.org connects tenants with free legal aid offices by county; Housing Is Key (housing.ca.gov) is the state tenant resource portal; the Legal Aid Foundation of Los Angeles (LAFLA) provides free representation for low-income LA County tenants; Bay Area Legal Aid serves Bay Area tenants; California Rural Legal Assistance (CRLA) serves rural tenants; Legal Services of Northern California (lsnc.net) covers northern counties; the Housing Rights Center (housingrightscenter.org) offers eviction defense resources; tenants who cannot afford court filing fees may request a fee waiver from the court; many courts also offer the Tenant Power Toolkit, a free online tool to help tenants respond to unlawful detainer lawsuits
Other California eviction rules: California’s Tenant Protection Act (AB 1482, Civil Code 1946.2 and 1947.12) requires just cause for eviction of covered tenants and caps annual rent increases at 5% plus local CPI or 10%, whichever is lower — this law is in effect through January 1, 2030; AB 2347 (effective January 1, 2025) extended the tenant response deadline from 5 to 10 court days, adding approximately one calendar week to every eviction timeline; SB 567 (effective 2024) strengthened penalties for fraudulent no-fault evictions, requiring landlords who claim owner move-in or substantial remodeling to actually follow through or face penalties; for no-fault just cause evictions under AB 1482, the landlord must provide relocation assistance equal to one month’s rent paid within 15 days of notice, or waive the tenant’s last month’s rent — failure to do so is a complete defense to the eviction; California statewide COVID-19 eviction protections have expired as of 2026 and no new statewide COVID protections remain active; many California cities (including Los Angeles, San Francisco, Oakland, Berkeley, San Jose, and others) have their own local rent control and just cause eviction ordinances that may provide additional protections beyond state law — tenants should check with their local housing authority or rent board
You May Also Like
Official California Sources & Resources
- California Courts / Judiciary: https://selfhelp.courts.ca.gov/eviction-tenant
- California Eviction Statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1161.&lawCode=CCP
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the California Eviction Process
The California eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the California eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the California eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire California eviction process.
This California eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.