Eviction Process in California: Timeline, Notices & Costs

Before the notice: do you need a just-cause reason?

California’s Tenant Protection Act (AB 1482) changes the first question. Once a tenant has occupied the unit for 12 months, you need a just-cause reason to end the tenancy. There are two kinds:

• At-fault: nonpayment of rent, a material lease violation, nuisance, criminal activity on the property, refusing lawful access and similar grounds.
• No-fault: owner or family move-in, withdrawing the unit from the rental market, a government order, or a substantial remodel. These require relocation assistance equal to one month’s rent (or waiving the last month’s rent). SB 567 tightened the owner move-in and remodel rules in 2024 and added penalties.

Some properties are exempt, including single-family homes and condos owned by individuals (not corporations or most LLCs), but only if the lease includes the required exemption notice. Cities such as Los Angeles, San Francisco, Oakland, San Jose and Berkeley have their own stricter eviction rules, which apply on top of state law.

Stage 1: the notice

For nonpayment, the 3-day notice to pay rent or quit must state the exact rent owed, how and where to pay, and who to pay. The three days don’t count Saturdays, Sundays or judicial holidays, so a notice served on a Thursday doesn’t expire until the following Tuesday. Put only rent in the demand; adding late fees or utility charges can make the notice defective.

For a curable lease violation (an unauthorized pet, say), use a 3-day notice to perform covenant or quit, which gives the tenant a chance to fix it. To end a month-to-month tenancy, the notice is 30 days if the tenant has lived there under a year and 60 days if longer, and AB 1482 rules still apply.

Stage 2: filing the unlawful detainer

When the notice period ends without payment or a move-out, file a Summons (SUM-130) and Complaint (UD-100) in Superior Court. The filing fee runs roughly $240 to $435 depending on the amount of rent you’re claiming. Fees change, so confirm with the court clerk before you file.

Stage 3: service and the 10-day answer

The papers must be served by someone over 18 who isn’t a party to the case, usually a registered process server. Since AB 2347 (2025), the tenant has 10 court days to respond, up from 5. That one change added about a week to most California eviction timelines.

Stage 4: default or trial

If the tenant doesn’t respond, you request a default judgment and can usually move to the writ quickly. If they answer, you request a trial date, which is generally set within 20 days of the request. Tenants can ask for a jury.

Stage 5: the writ and the sheriff

After judgment, the court issues a Writ of Possession. You deliver it to the sheriff with the levy fee. The sheriff posts a 5-day notice to vacate, then returns to remove anyone still inside and hand you possession.

A realistic timeline and budget

Stage	Uncontested	Contested
Notice period	3-5 calendar days	3-5 calendar days
Filing to service	3-10 days	3-10 days
Response window	10 court days (about 2 weeks)	10 court days
Default or trial	About 1 week	3-6 weeks
Sheriff lockout	1-2 weeks	1-2 weeks
Total	4-8 weeks	2-3 months or more

On a $2,400 rent, two months of lost rent is $4,800, which usually dwarfs the court and service fees. Attorney fees vary widely, and many California eviction attorneys quote flat fees for uncontested cases.

What slows a case down

• A response from the tenant. An answer moves the case to trial. A demurrer or motion to quash (challenging the notice or service) adds weeks.
• Jury demands and discovery. A jury trial takes longer to schedule and prepare.
• A defective notice. Wrong amount, wrong dates or a missing just-cause reason can get the case dismissed, and you start over with a new notice.
• Bankruptcy. A tenant’s bankruptcy filing triggers an automatic stay that pauses the eviction until the bankruptcy court lifts it, with limited exceptions if you already have a judgment.
• Local ordinances. Rent-controlled cities have extra notice requirements, and missing one is a defense.

Never use self-help

Changing the locks, removing doors, shutting off utilities or putting a tenant’s belongings on the curb is illegal in California, even with a tenant who hasn’t paid in months. Under Civil Code § 789.3 the tenant can recover actual damages plus up to $100 for each day of the violation, with a minimum of $250, and the tenant can raise it as a defense in your eviction case.

Cheaper ways out

A signed payment plan can get rent flowing again without a court date. Put the schedule in writing and state what happens if a payment is missed. Cash for keys is common in California because of how long contested cases run. You offer a sum, often tied to moving out clean by a set date and handing over keys, in exchange for a signed agreement to leave. Paying $2,000 to get a unit back in two weeks can cost less than three months of litigation.

This page is general information, not legal advice. For a contested case or a rent-controlled city, talk to a California landlord-tenant attorney or the court’s self-help center.