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What is the eviction process in California?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

California eviction (called "unlawful detainer") is governed by Code of Civil Procedure §§ 1161-1179a and the Tenant Protection Act of 2019 (AB 1482).

1. Pre-Eviction Notice

  • Nonpayment of rent: 3-day notice to pay rent or quit (CCP § 1161(2)). Weekends and holidays are excluded.
  • Lease violation: 3-day notice to cure or quit (CCP § 1161(3)) for curable breaches; 3-day unconditional quit for nuisance, illegal use, or waste.
  • No-fault termination (covered units): 30 days if tenancy under 1 year; 60 days if 1 year or longer (Civ. Code § 1946.1).
  • Just cause (AB 1482): For most rentals over 15 years old, landlord must state at-fault or no-fault just cause and pay one month's relocation for no-fault terminations (Civ. Code § 1946.2).

    • 2. Filing the Unlawful Detainer

    Landlord files Form UD-100 in the superior court of the county where the property sits, plus summons (Form SUM-130). Filing fee is $240-$450 depending on amount in controversy.

    3. Service and Response

    Tenant must be personally served. Tenant has 5 court days to file an answer (CCP § 1167) (extended to 10 days for some service types). If no response, landlord requests default judgment.

    4. Trial

    UD cases are summary proceedings — trial must be set within 20 days of a memorandum to set (CCP § 1170.5). Either side may demand a jury.

    5. Judgment and Writ of Possession

    If landlord wins, court issues judgment and a writ of possession (Form EJ-130). Sheriff posts a 5-day notice to vacate.

    6. Sheriff Lockout

    If tenant doesn't leave, sheriff conducts a lockout typically 5 days after posting.

    7. Tenant Defenses

    Warranty of habitability, retaliation (Civ. Code § 1942.5), discrimination, improper notice, rent control violations, COVID-era protections, and waiver.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You receive an unlawful detainer summons
    • Landlord retaliated after a complaint
    • You believe AB 1482 just cause is missing
    Related Statutes & Laws
    • Cal. Civ. Proc. Code § 1161
    • Cal. Civ. Code § 1946.1
    • Cal. Civ. Code § 1946.2
    • Cal. Civ. Code § 1942.5

    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.