The California Eviction Process
A clear, step-by-step breakdown of how a California eviction works, from the termination notice to getting your property back.
How the Eviction Process Works in California
The California eviction process generally follows the same basic sequence of steps, whether the eviction is for nonpayment of rent, a lease violation, or a no-fault termination of a month-to-month tenancy. There may be additional steps in areas that have rent control or local tenant protections.
Below, we walk through each step, along with the habitability and retaliation issues tenants sometimes raise as a defense. Understanding the process up front helps you avoid costly delays and know exactly what to expect.
Why Landlords Work With Us
- We represent landlords exclusively, never tenants
- Notices and filings prepared correctly the first time
- Support through judgment and the sheriff lockout
The California Eviction Process
Here is how a typical eviction moves from start to finish, including what happens if your tenant complies with the notice, and whether the case proceeds uncontested or contested.
Case Review
We review your paperwork and communicate with you about the specifics of your case before any notice goes out.
Notice Period
We prepare your termination notice and have it served on the tenant by a process server. We then wait out the notice period to see whether the tenant complies.
Notice Satisfied
The tenant complies with the terms of the notice (moves out, pays rent due, or otherwise cures the issue) within the notice period.
Notice Expires Unresolved
The tenant does not comply with the terms of the notice within the notice period.
Case Filed and Ongoing
We file your unlawful detainer case in court. From here the case follows one of two paths, depending on whether the tenant contests it. We keep you updated throughout.
Default Judgment
The tenant does not respond to the lawsuit. We request entry of default and obtain a default judgment.
Response & Trial
The tenant files a response and raises defenses. We address those issues and either take the case to trial or settle. Assuming we win at trial or settle in a way that gives you possession, we then move to step 4.
Sheriff Lockout Process
After obtaining a judgment for possession, we coordinate with the sheriff to schedule the lockout. The lockout day is the day you receive possession of your rental property.
Case Completed
Thank you for allowing our office to assist you with your case.
Money Judgment / Collections
On a case-by-case basis, we may be able to assist you in obtaining a money judgment against the tenant, and with possible collection efforts afterward. This step does not apply to every case and is handled separately from the core eviction timeline above.
Habitability Issues to Watch For
Sometimes a tenant will try to fight the eviction by claiming a habitability defense, especially one that is based on non-payment of rent. Ultimately, the tenant is responsible for paying rent on time, and the landlord is responsible for maintaining a habitable environment. Here are some common habitability issues that a tenant will sometimes raise:
Effective waterproofing and weather protection of the roof and exterior walls, including unbroken windows and doors.
Plumbing or gas facilities that conform to applicable law in effect at the time of installation, and maintained in good order.
An approved water supply capable of producing hot and cold running water, connected to an approved sewage system.
Heating facilities conforming to applicable law at the time of installation and maintained in good order.
Electrical lighting, wiring, and equipment conforming to applicable law and maintained in good order.
Premises clean at the commencement of the rental agreement, free from debris, filth, rubbish, garbage, rodents, and vermin.
Adequate garbage and rubbish receptacles maintained on the property.
Floors, stairways, and railings maintained in good repair.
Working door locks and window locks in certain circumstances.
Retaliation Claims to Watch For
Tenants also sometimes try to fight an eviction by claiming retaliation. Under California Civil Code section 1942.5, a landlord is presumed to have retaliated if it tries to recover possession of the unit, raises the rent, or decreases services within 180 days after the tenant engages in certain protected activity, so long as the tenant is not otherwise in default on rent. Landlords should be aware of the activities that can trigger this presumption:
The tenant gave good faith notice of needed repairs or made an oral complaint to the landlord about the condition of the property.
The tenant filed a complaint with a government agency about the condition of the property.
A government inspection or citation resulted from the tenant’s complaint about the property’s condition.
The tenant filed a judicial or arbitration proceeding involving the condition of the rental property.
The tenant lawfully organized or participated in a tenants’ association or an organization advocating tenant rights.
The presumption only applies while the tenant is current on rent, and a tenant cannot invoke it more than once in any 12-month period. A landlord can still prevail by showing that the notice to terminate states a true, independent, and lawful reason unrelated to the tenant’s protected activity. (Cal. Civ. Code § 1942.5.)
This is general information, not legal advice; how a retaliation claim plays out depends heavily on the specific facts and timeline of your case.
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California Eviction Process FAQ
QHow long does the California eviction process take?
Timing depends on whether the tenant responds to the lawsuit. Under Code of Civil Procedure section 1167, as amended by AB 2347 effective January 1, 2025, the tenant has 10 days, excluding Saturdays, Sundays, and judicial holidays, to respond after being served. If the tenant does not respond in that time, the landlord can seek a default judgment relatively quickly. If the tenant files a response, a court date is set and the case can take longer.
QWhat types of notice can start a California eviction?
It depends on the reason for the eviction. A 3-Day Notice to Pay Rent or Quit is used for unpaid rent. A 3-Day Notice to Cure or Quit is used for a curable lease violation. A 30-Day or 60-Day Notice is used to end a month-to-month tenancy without cause. If the tenant does not comply with the notice, the landlord may proceed with filing an unlawful detainer lawsuit.
QCan a tenant fight the eviction using a habitability defense?
Yes. Tenants sometimes argue the landlord failed to maintain the property in habitable condition. Landlords should stay on top of items like weatherproofing, plumbing, water supply, heating, electrical, cleanliness at move-in, garbage receptacles, floors and stairways, and locks.
QCan a tenant claim retaliation to fight an eviction?
Yes. Under Civil Code section 1942.5, a landlord is presumed to have retaliated if it tries to recover possession, raise the rent, or decrease services within 180 days after the tenant engages in protected activity, such as complaining about habitability. A landlord can still prevail by showing the notice to terminate states a true, independent, lawful reason unrelated to that activity, and the tenant cannot invoke the presumption more than once in any 12-month period.
QWhat happens after I win my eviction case?
The proper forms are filed and submitted to the sheriff, who will forcibly remove the tenant if they do not move out voluntarily. Once you have possession back, you can change the locks and re-rent the property.
QDo I need an attorney to handle an eviction?
California eviction procedure has strict notice, service, and filing requirements. An experienced landlord-side attorney helps make sure notices and filings are done correctly the first time, which helps avoid costly delays.
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