What is the eviction process in California?
1. Statutory Framework. California eviction proceeds as an Unlawful Detainer (UD) action under Cal. Civ. Proc. Code §§ 1161-1179a. Most residential tenancies are also subject to Cal. Civ. Code § 1946.2 (AB 1482 just-cause).
2. Pre-Filing Notice. Nonpayment requires a 3-day notice to pay or quit (excluding weekends/judicial holidays) under § 1161(2). Curable lease breaches use a 3-day cure-or-quit. Month-to-month no-cause termination requires 30 days (under one year) or 60 days (one year+) under Cal. Civ. Code § 1946.1, but AB 1482 covered units require "just cause" after 12 months.
3. Filing the Complaint. File the UD complaint and summons in the superior court (limited civil) of the county where the property sits. Filing fee is approximately $240-$435 by amount in controversy.
4. Tenant Answer / Default. Tenant has 10 calendar days to answer after personal service (15 if served by substitute/posting). Default judgment may issue if no answer.
5. Hearing. UD is a summary proceeding; trial is set within 20 days of memorandum to set. Tenant may raise warranty of habitability (Green v. Superior Court), retaliation (Cal. Civ. Code § 1942.5), and FEHA discrimination defenses.
6. Writ of Possession. After judgment, court issues a writ of possession. Sheriff posts a 5-day notice to vacate before forcible lockout (Cal. Civ. Proc. Code § 1170.5).
7. Self-Help Prohibition. Cal. Civ. Code § 789.3 prohibits landlords from locking out, shutting off utilities, or removing belongings; statutory damages up to $100/day plus $250 minimum apply.
8. CARES Act. For federally-backed properties, 30-day notice still required under 15 U.S.C. § 9058 before any nonpayment filing.
9. Just-Cause. AB 1482 caps rent increases and requires at-fault or no-fault just cause (with relocation assistance) for most units after 12 months of tenancy.
This is legal information, not legal advice.
- Tenant raises habitability defense with documented uninhabitable conditions
- AB 1482 just-cause analysis is disputed or relocation assistance is owed
- Local rent ordinance (LA, SF, Oakland, Berkeley) adds additional just-cause requirements
- Cal. Civ. Proc. Code §§ 1161-1179a
- Cal. Civ. Code § 1946.2
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.