Landlord guides / California law

The California eviction process, step by step (2026)

In California, only a court can evict a tenant. Here is every step, from the first notice to the sheriff, and the mistakes that send landlords back to the start.

By the EC Rental team9 min readUpdated October 14, 2026
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  1. 1 / 6

    Step 1: the right notice

    • 3-day notice to pay rent or quit
    • 3-day notice to fix a lease violation
    • 30, 60 or 90 days for no-fault endings
    CCP 1161, Civil Code 1946.1
  2. 2 / 6

    Step 2: serve it correctly

    • Hand it to the tenant, or
    • Leave it with an adult and mail a copy, or
    • Post it and mail a copy
    CCP 1162
  3. 3 / 6

    Step 3: file in court

    • Wait for the notice to run out
    • File a summons and unlawful detainer complaint
    • Have someone else serve the tenant
    CCP 1166
  4. 4 / 6

    Step 4: the tenant responds

    • 10 court days to respond, since 2025
    • No response: ask for a default judgment
    • Response: request a trial
    CCP 1167
  5. 5 / 6

    Step 5: judgment and sheriff

    • Win, and the clerk issues a writ of possession
    • The sheriff posts a 5-day notice to vacate
    • Only the sheriff removes the tenant
    CCP 715.010
  6. 6 / 6

    Never do this

    • No lockouts or changed locks
    • No shutting off utilities
    • No removing belongings
    Civil Code 789.3

An eviction in California is a court case called an unlawful detainer. It moves faster than most lawsuits, but every step has strict rules. A small mistake in the notice can get the case dismissed, and the landlord has to start over.

First, check whether you need a legal reason. Many tenants who have lived in a unit for 12 months or more are covered by California's just cause rules (AB 1482), and many cities have stricter rules. The notice must state a reason that the law allows. See legal reasons for eviction in California.

Step 1: Give the right written notice

SituationNotice
Unpaid rent3-day notice to pay rent or quit (CCP 1161(2))
A lease violation the tenant can fix3-day notice to perform covenants or quit (CCP 1161(3))
Serious violations that can't be fixed, like nuisance or illegal activity3-day notice to quit (CCP 1161(4))
Ending a month-to-month tenancy (where no just cause is needed)30 days if the tenant has lived there less than a year, 60 days if a year or more (Civil Code 1946.1)
Some government-assisted tenanciesOften 90 days, under federal rules

Three-day notices count only court days. Saturdays, Sundays and court holidays don't count. A 3-day notice to pay rent or quit must state the exact rent owed, with no late fees or other charges added, and the name, address and phone number of the person to pay, plus how payment can be made. After a 2025 appellate decision (Eshagian v. Cepeda), many attorneys also recommend that the notice state when it was served and when the notice period ends.

Step 2: Serve the notice correctly

Under CCP 1162, a notice can be served by:

  1. Personal delivery to the tenant.
  2. Substituted service: leaving it with a person of suitable age at the home or workplace, and mailing a copy.
  3. Post and mail: if neither works, posting it in a visible place at the property, giving a copy to someone living there if possible, and mailing a copy.

Write down who served it, how, when and where. You will need it in court.

Fill in California rental forms

Rental agreements, 3-day notices to pay or quit, notices of entry, receipts and more, filled in from your property details.

See documents →

Step 3: Wait, then file in court

If the tenant pays the full amount or fixes the problem within the notice period, the matter ends. If not, you file a Summons (form SUM-130) and Complaint, Unlawful Detainer (form UD-100) with the superior court in the county where the property is, and pay the filing fee. The court's free self-help eviction guide lists the forms.

The summons and complaint must be served on each tenant by someone 18 or older who is not part of the case, such as a registered process server or the sheriff.

Step 4: The tenant's response

Since January 1, 2025, a tenant has 10 court days to respond after being served (CCP 1167, as changed by AB 2347). Weekends and court holidays don't count.

Many courts offer mediation on the trial day, and many cases settle with a move-out date and a payment plan.

Step 5: Judgment, writ and sheriff

If the landlord wins, the court enters judgment and the clerk issues a writ of possession. The landlord takes it to the county sheriff. The sheriff posts a notice to vacate giving the occupants 5 days to leave (CCP 715.010), then returns to restore possession to the landlord. Any belongings left behind must be stored and handled under the law's notice rules before they can be sold or thrown away.

What landlords must never do

These are illegal in California, with penalties for every day they continue (Civil Code 789.3, 1942.5).

How long it takes

An uncontested case can be over in a few weeks after the notice runs out. A contested case often takes longer, depending on the court's calendar. An eviction is a serious legal matter for both sides, so many landlords use a California landlord-tenant attorney, especially when the tenant responds or a city ordinance applies.

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Last checked October 2026. This guide is general information, not legal advice. Laws change and local rules can be stricter, so check the current law or ask a California landlord-tenant attorney before acting.