California has some of the most tenant-protective eviction laws in the country — and for landlords, that means every step in the process matters. A defective notice, a missed serving deadline, or a math error on the rent amount can reset the clock by weeks or even months. Before you spend that time, it pays to understand exactly what you're doing and why.
This guide walks through the five-step California eviction process for self-represented landlords: from selecting the right notice through to obtaining a Writ of Possession and coordinating with the sheriff. No attorney required — self-represented landlords file in California Superior Courts every day.
Bigfirmlit is a non-attorney, self-help legal document preparation service registered as a Legal Document Assistant in California. We prepare documents at your direction. We are not a law firm and do not provide legal advice. If you need legal advice, please consult a licensed California attorney.
The 5-Step California Eviction Process at a Glance
Before diving into each step, here's the full roadmap:
- Serve the proper written notice (3-day, 30-day, 60-day, or 90-day)
- File the Unlawful Detainer (UD) complaint in Superior Court
- Serve the Summons on the tenant
- Wait for the tenant's response (5 court days); proceed to default or trial
- Obtain a Writ of Possession and coordinate sheriff lockout
Each step must be completed correctly. Errors at step one can make everything after it void — and force you to start over.
Step 1: Serve the Correct Notice
The eviction process begins with a written notice to the tenant. California Code of Civil Procedure (CCP) specifies the exact notice type based on the reason for eviction.
3-Day Notice to Pay Rent or Quit (CCP §1161(2))
Use this for non-payment of rent. The notice must:
- State the exact amount of rent due (dollar-for-dollar — no rounding, no late fees unless your lease explicitly permits them as "rent")
- Identify the rental property by address
- Give the tenant three days (excluding weekends and court holidays) to pay in full or vacate
If the tenant pays the full amount within the three days, the tenancy continues. If they don't pay and don't leave, you may file an Unlawful Detainer.
3-Day Notice to Cure or Quit (CCP §1161(3))
Use this for curable lease violations — unauthorized pets, subletting without permission, exceeding occupancy limits. The notice must describe the specific violation and give the tenant three days to fix it ("cure") or vacate. If they cure, tenancy continues; if they don't, you may proceed.
3-Day Notice to Quit (CCP §1161(4))
Use this for incurable violations — drug activity, significant property damage, criminal conduct, or a second occurrence of the same lease violation within 12 months. No opportunity to cure is given. The tenant simply has three days to vacate.
30/60/90-Day Notice to Vacate (End of Tenancy / No-Fault)
For terminating a tenancy without cause (where permitted):
- 30 days — tenants who have lived in the unit fewer than one year
- 60 days — tenants who have lived in the unit one year or more
- 90 days — required under certain Section 8 / HUD programs or local ordinances
Important: AB 1482 (the Tenant Protection Act of 2019) restricts no-fault evictions for most residential rentals. See the AB 1482 section below before serving this type of notice.
How to Properly Serve the Notice (CCP §1162)
A notice that isn't served correctly is legally void. California law requires one of:
- Personal service — hand the notice directly to the tenant
- Substituted service — leave it with a person of "suitable age and discretion" at the rental unit AND mail a copy to the tenant the same day
- Posting and mailing ("nail and mail") — post the notice on the front door AND mail a copy — only if personal and substituted service have both been attempted
Document your service method. Keep a signed Proof of Service with date, time, method, and description of who received it.
Step 2: File the Unlawful Detainer Complaint
If the tenant does not comply with the notice within the specified time, you may file an Unlawful Detainer (UD) action in the Superior Court of the county where the property is located.
Required Forms
- UD-100 — Complaint — Unlawful Detainer (the main complaint form)
- UD-105 — Answer — Unlawful Detainer (the form the tenant uses to respond; you file UD-100, not UD-105, but include it in your filing package as courts often require it)
- SUM-130 — Summons — Unlawful Detainer
Attach your copy of the notice, proof of service of the notice, and (for non-payment cases) a copy of the rental agreement.
Filing Fees
California Superior Court filing fees vary by the amount claimed:
- Claims up to $10,000: approximately $240–$385
- Claims over $10,000: approximately $385–$450
Fees vary by county. Some courts also charge for issuance of the summons separately. Check your local court's fee schedule before you go.
Step 3: Serve the Summons on the Tenant
After filing, the court clerk issues the Summons (SUM-130). You must arrange for the tenant to be served — you personally cannot serve the summons yourself. Use either:
- A registered process server (faster, more reliable, recommended)
- The county sheriff (slower, fees apply, but official)
Service should happen the same day or the next business day after filing. Every day of delay is a day added to your timeline.
Keep the completed Proof of Service of Summons (POS-010) — you'll file this with the court, and it starts the clock on the tenant's response window.
Step 4: The Tenant's Response Window
Once served, the tenant has 5 court days to file a written response with the court. (This is calendar days if served by posting and mailing — check the summons instructions carefully.)
If No Response Is Filed
File a Request for Entry of Default (UD-110). Once the clerk enters default, you can request a default judgment for possession (and rent owed, if applicable). You'll need to submit a Declaration for Default Judgment in Lieu of Personal Testimony and supporting exhibits.
If a Response Is Filed
The court sets a trial date. Under CCP §1170.5, the trial must be set within 20 days of the tenant's response being filed. Be prepared to appear and present your case — bring your lease, the notice, proof of service, rent ledger, and any other documentation of the violation or non-payment.
Step 5: Writ of Possession and Lockout
After a judgment in your favor (either by default or after trial), you are not yet entitled to remove the tenant. You must go through the formal lockout process:
- Obtain the Judgment — UD-110 or a court-entered judgment after trial
- Request a Writ of Possession — file form UD-115 (Writ of Possession of Real Property) with the court
- Deliver the Writ to the Sheriff or Marshal — they will post a 5-day Notice to Vacate on the property
- Sheriff enforces the lockout — if the tenant does not vacate within 5 days of the posted notice, the sheriff returns to physically remove the occupants and return possession to you
Typical timeline (uncontested): 30–45 days from notice to lockout. Contested cases run 60–120 days or longer.
Common Mistakes That Reset the Clock
Getting the paperwork wrong costs weeks. Here are the most common landlord errors:
- Defective notice content — Wrong rent amount (even by a dollar), missing property address, wrong notice type for the situation
- Improper service of notice — Skipping substituted service attempts before "nail and mail," serving by text or email, no proof of service
- Filing in the wrong court — UD actions must be filed in the county where the property is located. Filing in the wrong division can get your case dismissed
- Math errors on rent owed — Late fees that aren't defined as "rent" in the lease, utilities, or other charges inflate the 3-day notice amount and make it legally defective
- Failure to comply with local registration requirements — Some cities (LA, Oakland, SF, etc.) require landlords to register rental units with the local rent board. Failure to register can bar you from proceeding with eviction
Get Your Pre-Eviction Paperwork in Order
Before you file, make sure your demand documentation is airtight. A properly formatted pre-eviction demand letter — documenting the specific breach, the amount owed, and the notice period — creates the paper trail courts expect.
Get the Demand Letter Packet — CA Edition →
This packet includes a professionally formatted demand letter template for California landlords, ready to customize and serve.
Bigfirmlit is a non-attorney, self-help legal document preparation service registered as a Legal Document Assistant in California. We prepare documents at your direction. We are not a law firm and do not provide legal advice. If you need legal advice, please consult a licensed California attorney.
AB 1482 & Local Rent Control: What Landlords Must Know
California's Tenant Protection Act of 2019 (AB 1482) changed the rules for many landlords statewide.
Statewide just cause applies to buildings that are:
- 15+ years old (on a rolling basis — a building built in 2010 became covered in 2025)
- Not single-family homes or condos with an owner-occupant disclosure (AB 1482 exemption notice required)
- Not exempt under other categories (new construction, owner-occupied duplexes)
Under AB 1482, you must have just cause to terminate a tenancy — either "at fault" (non-payment, lease violations, criminal activity) or "no-fault" (owner move-in, withdrawal from rental market, substantial remodel). No-fault evictions require relocation assistance equal to one month's rent.
Local ordinances go further:
- Los Angeles: Rent Stabilization Ordinance (RSO) covers most pre-1978 multi-unit buildings. Just cause required. Tenant buyout agreements heavily regulated.
- San Francisco: Strict just cause, 17 enumerated grounds. High-penalty wrongful eviction claims.
- Oakland: Just Cause for Eviction Ordinance. Covers most rentals regardless of building age.
Owner move-in (OMI): Permitted under AB 1482 with proper notice (60 days for tenants 1+ year), relocation assistance, and re-rental restrictions. Local ordinances may impose additional requirements.
Bottom line: If you're planning a no-fault eviction, confirm whether your property is covered under AB 1482, your local ordinance, or both — before you serve anything.
Frequently Asked Questions
Can I change the locks without a court order?
No. Changing the locks, removing the tenant's belongings, or cutting off utilities to force a tenant out is an illegal lockout under California Civil Code §789.3. Penalties run $100 per day for each day the tenant is locked out, plus actual damages and attorney's fees. Always go through the court process.
How long does the eviction process take in California?
For uncontested evictions — where the tenant doesn't file a response and doesn't contest the judgment — expect 30 to 60 days from the date you serve the notice to the date of the sheriff's lockout. If the tenant files a response and contests the case, plan on 60 to 120 days, sometimes longer depending on court backlogs in your county.
Can I evict a tenant while a payment plan is in effect?
This is legally risky. If you've entered a written payment plan, a court may find that you've waived your right to evict based on the original default — at least until the tenant misses a payment plan installment. Document every payment, every communication, and every missed deadline in writing. Get legal advice before proceeding.
Do I need a lawyer to file an eviction in California?
No. Self-represented landlords file Unlawful Detainer actions in California Superior Courts regularly. The forms are standardized (UD-100, SUM-130), the process is designed to be accessible, and document preparation services like Bigfirmlit can help you get your paperwork formatted correctly before you file.
What if the tenant files for bankruptcy?
A bankruptcy filing triggers an automatic stay, which temporarily halts all collection and eviction proceedings. For evictions based on non-payment, the stay typically pauses the UD action. If the eviction is based on drug use, criminal activity, or endangerment of the property, there are exceptions — but those situations are complex. Consult a licensed attorney if your tenant files bankruptcy during the eviction process.
What if the tenant abandons the property?
If the tenant leaves voluntarily before the eviction is complete, you may still need to follow California's Civil Code §1951.3 abandoned property procedure — posting an abandoned property notice and giving a 15-18 day window before disposing of belongings. Document the condition of the unit thoroughly with dated photographs before re-entering.
Ready to Start Your Eviction Paperwork?
Getting the documentation right from the start is the single most important thing you can do to protect your timeline. The Demand Letter Packet — CA Edition gives you a professionally formatted demand letter template that documents the breach, the amount owed, and the compliance deadline in the format courts expect.
Get the Demand Letter Packet — CA Edition →
More resources for California landlords and tenants:
Bigfirmlit is a non-attorney, self-help legal document preparation service registered as a Legal Document Assistant in California. We prepare documents at your direction. We are not a law firm and do not provide legal advice. If you need legal advice, please consult a licensed California attorney.