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.
Below, we walk through each step in detail, along with the habitability issues tenants sometimes raise as a defense. Understanding the process up front helps you avoid costly delays and know exactly what to expect.
Prefer a visual walkthrough? See our blog article with a visual representation of the California eviction process.
Why Landlords Work With Us
- We represent landlords exclusively, never tenants
- Notices and filings prepared correctly the first time
- Guidance through habitability and other tenant defenses
- Support through judgment and the sheriff lockout
The California Eviction Process, From Notice to Lockout
Here is how a typical eviction moves from start to finish, regardless of the reason for the eviction.
Grounds for Eviction Arise
The process begins when the landlord has grounds to end the tenancy, such as nonpayment of rent, a lease violation, or simply ending a month-to-month tenancy without cause.
Landlord Serves a Termination Notice
The landlord serves the appropriate notice for the situation, such as a 3-Day Notice to Pay Rent or Quit, a 3-Day Notice to Cure or Quit, or a 30-Day or 60-Day Notice to end a month-to-month tenancy.
Unlawful Detainer Lawsuit Filed
If the tenant does not comply within the notice period, an Unlawful Detainer (eviction) lawsuit is filed against the tenant.
Lawsuit Served on the Tenant
The unlawful detainer lawsuit is formally served on the tenant.
Tenant’s 10-Day Window to Respond
Under Code of Civil Procedure section 1167, the tenant has 10 days, excluding weekends and court holidays, to respond after being served. If the tenant fails to respond in that time, the landlord will seek a default judgment. If the tenant responds, a court date may be set to argue the case.
Judgment & Sheriff Enforcement
When your case is “won,” the proper forms are filed and submitted to the sheriff, who will forcibly remove the tenant from the property if they do not voluntarily move out.
Property Returned to the Landlord
Once the landlord has the property back in possession, the locks can be changed and the property rented to new tenants.
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.
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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.
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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