California Eviction Laws: Timeline, Reasons, & Notice Requirements

Eviction Timeline in California

Notice to Quit

A Notice to Quit is the starting point of the legal eviction process in California. This written communication informs tenants about their lease violation or outstanding obligation and specifies how long they must remedy or vacate the property.

The exact notice period varies depending on the underlying cause.

Landlords typically issue a three-day Notice to Quit for nonpayment of rent, granting the tenant a short timeframe to pay the balance due or leave. Lease violations that can be resolved, such as removing unapproved pets, follow a similar format with an option to correct the problem.

More severe infractions, such as illegal activities, require an unconditional Notice to Quit, demanding immediate departure.

In California, notices must strictly comply with California Code of Civil Procedure 1161, which outlines the permissible grounds and format. For example, a nonpayment notice must state the precise rent amount due, excluding late fees, utilities, or damages unless the lease defines them as part of rent.

California law mandates that these notices be detailed and accurate. They must state the reason for the notice and provide the tenant with clear instructions. Failure to comply with proper requirements could render the document invalid, delaying the entire process.

Using the wrong notice or omitting critical information can result in legal missteps.

Delivering the notice involves precise methods. It must be physically handed to the tenant, given to an adult at the property, mailed or posted at the rental unit, and followed up by mail.

Landlords cannot serve the notice themselves, they must use a process server, attorney, or adult over 18 who is not involved in the case.

File Unlawful Detainer

After serving the appropriate notice, landlords in California may proceed to file an unlawful detainer lawsuit if tenants fail to comply within the designated timeframe. This legal action seeks to regain possession of the property and formally evicts the tenant through the court system.

The filing begins at the county courthouse where the rental is located. All relevant documents, including the notice and lease copy, are required.

Landlords must also include a Declaration of COVID-19 Related Financial Distress if the tenant claimed hardship during the state’s COVID period. In some areas like Los Angeles County, stronger tenant protections may still apply through local ordinances.

The filing process includes submitting a complaint and summons to the court. These documents outline the basis for the eviction and inform the tenant of the lawsuit. A filing fee, which varies by county, must also be paid during this stage.

Once filed, the summons and complaint must be served on the tenant. Proper service methods include personal delivery, substituted service to another responsible adult at the property, or posting and mailing the documents.

If the tenant filed a COVID hardship declaration in the past, additional waiting periods and court documentation may be necessary to comply with Assembly Bill 832.

Serve Court Documents

Serving court documents is a critical step in the eviction process under California eviction law.

Landlords must ensure tenants receive the summons and complaint promptly and by legal standards to avoid delays. Properly serving these documents informs the tenant about the pending lawsuit and allows them to respond.

Service must be done by someone not involved in the case, at least 18 years old, and capable of completing a Proof of Service form for the court. This form must be filed after documents are delivered to validate the eviction process.

California law requires strict adherence to approved service methods. Personal delivery remains the most direct option. This involves handing the documents directly to the tenant. If they are unavailable, another adult member of the household may accept the paperwork.

If neither option proves feasible, the final method involves posting the summons and complaint visibly on the premises and mailing a copy to the property. This approach, known as “nail and mail,” requires the court’s permission via a Request to Serve by Posting (Form UD-120) before it can be used.

Tenant Response Period

Once tenants receive their landlord’s summons and complaint, California law grants them five business days to respond. During this period, they must choose to contest the eviction or take no action.

Failing to meet the deadline allows the landlord to request a default judgment, moving the process forward without further tenant involvement.

Tenants must file a written response with the court to contest the case. Often called an answer, this response provides a chance to present a defense against the eviction claims.

Tenants can also file a Demurrer, Motion to Strike, or other procedural responses if they believe the notice or filing is flawed. Each of these filings adds time to the process and may require a hearing before trial.

Common defenses include improper service of documents, violations of the housing code by the landlord, or issues related to the notice itself.

Court Hearing Scheduled

When a landlord files an unlawful detainer lawsuit, the court sets a hearing date to resolve the eviction matter. This hearing allows both parties to present evidence supporting their case.

California’s timeline between filing and the scheduled hearing is usually expedited, typically within 20 days, to ensure a swift resolution.

The court may offer mandatory settlement conferences depending on the county. In places like San Francisco or Alameda, judges often encourage both parties to mediate before trial.

Owners must prepare thoroughly for this critical step. Evidence such as signed lease agreements, photographs, payment records, or written communications can strengthen the argument for regaining possession.

Judgment of Possession

After the court hearing, if the landlord’s case is successful, the judge issues a judgment of possession, granting the right to reclaim the property.

Tenants may still file a Motion to Set Aside the Judgment within five days, delaying enforcement. This often happens if the tenant claims they never received notice or were prevented from appearing in court.

Once the judgment is entered, landlords receive a document called a Writ of Possession. This legal paper gives the sheriff authority to enforce the order by physically removing tenants if they fail to leave voluntarily.

It’s crucial never to attempt to enforce eviction without proper legal authority, as doing so can lead to serious consequences under California law.

Sheriff Lockout Issued

The sheriff lockout represents the final step in California’s eviction process. Once a writ of possession is obtained, the landlord must coordinate with the local sheriff’s department to schedule the lockout.

In most counties, the sheriff posts a 5-Day Notice to Vacate at the property, giving the tenant one final opportunity to leave.

If the tenant remains, deputies return to physically remove the tenant and secure the property. Landlords must be present and provide access, including locksmiths if needed.

California law forbids landlords from disposing of belongings immediately. They must store abandoned property for 15 days (or 18 days if notice is mailed), allowing tenants to reclaim items.

Eviction Reasons in California

Nonpayment of Rent

Missing rent payments is the most common reason landlords initiate evictions in California.

State law allows property owners to issue a 3-day notice to pay rent or quit, as outlined in California Code of Civil Procedure 1161(2). This notice must state only the rent amount due, excluding late fees or other charges unless the lease explicitly defines them as part of “rent.”

Acceptable payment forms must also be specified (e.g., check, online portal, or money order). Landlords must give tenants clear instructions on how to pay and where to send payment. If the amount is even slightly incorrect or includes non-rent charges, courts may dismiss the case.

Service must comply with CCP 1162: personal delivery, delivery to someone at the residence over age 18 and mailing, or posting and mailing. If the tenant does not pay within three business days (excluding weekends and court holidays), the landlord may proceed with an unlawful detainer filing.

In rent-controlled cities, landlords may be required to register notices or obtain permission before issuing them.

Lease Violations

California permits eviction for violations of the lease under CCP 1161(3). These are considered “curable” violations, meaning the tenant can fix the issue within the given period.

Common lease breaches include unauthorized pets, long-term guests, or failure to maintain the unit. A 3-day notice to perform covenant or quit is required. It must identify the specific violation, what must be corrected, and by when.

The notice must be as detailed as possible: vague claims (e.g., “you violated the lease”) are not enforceable. For example, if the tenant has an unauthorized pet, the notice should specify the animal, the clause violated, and how to cure the issue.

Documentation, like prior written warnings, photos, or dated communications, can strengthen your position in court.

Nuisance or Damages

Under CCP 1161(4), a landlord may issue a 3-day unconditional notice to quit when a tenant commits a nuisance, causes significant property damage, or uses the property in a manner that interferes with others' rights.

This notice cannot be cured, the tenant must vacate.

California courts require landlords to show that the behavior was substantial and ongoing. Common examples include:

• Loud parties, repeated police visits
• Damaging walls, floors, or plumbing
• Violence, threats, or harassment

Evidence is key: written complaints, police reports, videos, or repair bills are often necessary to prove nuisance or destruction in court. If the tenant refuses to leave, the landlord may file for unlawful detainer.

Illegal Property Use

If the tenant engages in illegal activity on the premises, landlords may issue a 3-day notice to quit per CCP 1161(4).

This includes drug-related offenses, prostitution, illegal weapons, or using the property for unauthorized business purposes. No cure period is required. However, landlords must be able to show strong evidence, like police reports, witness statements, or surveillance—before the court will rule in their favor.

Additionally, under California Health and Safety Code 11571.1, landlords may be held liable if they knowingly permit drug or gang-related activity and fail to act. Acting swiftly and documenting actions is critical.

Owner Move-In

Eviction for owner move-in is allowed under California Civil Code 1946.2(b)(2), but strict rules apply:

• The owner or qualified family member (spouse, child, grandchild, parent, or grandparent) must intend to occupy the unit within 90 days
• The unit must be used as their primary residence for at least 12 continuous months
• A written 60-day notice is required
• The notice must identify who will be moving in and include a statement of good faith

In cities with rent control, additional steps may apply, such as filing with a rent board, paying relocation fees, or offering the tenant a right of return if plans change. For instance, Los Angeles requires filing a “Declaration of Intent” and may impose penalties for noncompliance.

Landlords cannot later re-rent the unit at market rate without offering it back to the displaced tenant, depending on the city.

Substantial Remodel

Evictions based on remodeling fall under Civil Code 1946.2(b)(2)(D). To lawfully evict for this reason, the landlord must prove:

• The remodel is substantial (i.e., requires permits, cannot be done with the tenant present)
• Cosmetic updates like painting or cabinet replacements do not qualify
• A 60-day notice is mandatory
• The notice must include a written explanation of the work, proof of permits (or intent to file), and expected duration

Many cities, like San Francisco and Berkeley, require additional filings before issuing notices and may demand relocation payments.

If the work doesn’t begin promptly or is misrepresented, tenants can sue for wrongful eviction. It’s strongly recommended to consult an attorney and file any required declarations with local housing authorities.

Withdrawal from Market

The Ellis Act (California Government Code 7060–7060.7) allows landlords to permanently remove a property from the rental market. However, this is one of the most regulated eviction types.

Key rules include:

• 120-day notice to most tenants
• 1-year notice for seniors (62+) or disabled tenants with proper documentation
• The entire building must be withdrawn, not just a single unit
• Properties cannot be re-rented for at least 5 years (or 10 years if the owner wants to avoid offering it back to former tenants)

Cities like San Francisco, Santa Monica, and Los Angeles require:

• Filing withdrawal papers with the Rent Board
• Providing relocation fees (typically thousands of dollars)
• Tracking compliance for years

Misusing the Ellis Act or re-renting too soon can result in fines or tenant lawsuits. This option is typically used when demolishing or converting units into owner-occupied condos.

Frequently Asked Questions

What are the grounds for eviction in California?

Common reasons for eviction in California include nonpayment of rent, lease violations, causing a nuisance, illegal property use, or substantial remodeling that requires the unit to be vacant.

How long does it take to evict a tenant in California?

The process to evict a tenant in California typically takes 30 to 45 days, depending on factors such as court schedules, tenant responses, and proper adherence to notice and service requirements.

How to evict someone in California without a lease?

Landlords in California must still provide proper notice, such as a 30-day or 60-day notice for month-to-month tenancies. All eviction notices must follow state laws and cannot skip procedural steps due to a lack of formal lease agreements.

What is the fastest you can evict a tenant in California?

For severe violations like illegal activities or nonpayment of rent, landlords in California can issue a 3-day notice. If tenants fail to comply, legal proceedings can start immediately to regain possession.

What can a landlord not do in California?

Landlords in California cannot perform “self-help” evictions, such as changing locks, shutting off utilities, or removing tenants’ belongings without a court order. These actions are illegal and can result in penalties.