The eviction process in California, step by step

The eviction process in California follows the same steps in every county, because it is set by state law. The forms are the same in Diamond Bar and in Sacramento. The deadlines are the same. What changes from case to case is which step you are at when you find out, and how much time is left at that step.

This guide walks through the whole thing in order, from the first notice on your door to the sheriff. If you already have court papers, skip ahead to steps 4 and 5. Those are the ones with the shortest clock.

The eviction process in California at a glance

Here is the eviction procedure in California in eight steps:

1. The landlord serves a written notice.
2. The notice period runs out.
3. The landlord files an unlawful detainer lawsuit.
4. You are served with the summons and complaint.
5. You have 10 court days to file a response.
6. If you do not respond, the landlord asks for a default. If you do, the case is set for trial.
7. The court decides the case and enters a judgment.
8. If the landlord wins, the sheriff enforces the judgment with a notice to vacate and a lockout.

Every step has its own paperwork and its own deadline. The rest of this guide explains each one in plain English.

Step 1: The landlord serves a written notice

Almost every California eviction starts with a written notice. The notice is not a court paper. The landlord writes it, and state law says what it has to contain. The kind of notice tells you what the landlord is claiming.

The 3-day notice to pay rent or quit

This is the most common one. It says you owe rent and gives you three days, not counting Saturdays, Sundays, or court holidays, to pay the amount demanded or move out. It has to state the rent owed and tell you who to pay, where, and how. Late fees and utilities that are not rent are a common problem in these notices. Our 3-day notice guide lists the defects worth checking.

The 3-day notice to cure or quit

This one says you broke a rule in the lease, such as an unauthorized occupant or a pet, and gives you three days, not counting Saturdays, Sundays, or court holidays, to fix it or move out. Some violations cannot be fixed, and the notice may simply tell you to leave.

The 30-day and 60-day notice

These end a month-to-month tenancy without claiming you did anything wrong. Which period applies depends mostly on how long all the tenants have lived there. Under California’s statewide just cause rules, many tenants can only be given this kind of notice for a reason the law allows, and some no-fault reasons come with relocation assistance. See 30-day and 60-day notices in California.

Step 2: The notice period runs out

If you pay, fix the problem, or move out within the notice period, the process usually stops here. If the period ends and none of that has happened, the landlord can go to court. There is no waiting period after that. Filing can happen the same week, and many landlords have the lawsuit ready before the notice expires.

This is the stage people most often waste. Nothing has been filed yet, which means you have more room than you will have at any later step. It is the best time to have the notice read, to find out whether it is valid, and to plan.

Step 3: The landlord files an unlawful detainer lawsuit

An eviction lawsuit in California is called an unlawful detainer. The landlord files it at the Superior Court for the county where the property is. The case starts with a packet of papers:

• The complaint, form UD-100. The landlord’s side of the story: who owns the property, what the rent is, what notice was served, and what the landlord wants, which is usually possession of the home plus back rent and daily damages. The notice is attached.
• The summons, form SUM-130. The court’s notice to you that you have been sued and how long you have to respond. See the SUM-130, explained.
• The cover sheet, form UD-101. Extra statements the landlord has to make about the property and the tenancy. See the UD-101, explained.
• Sometimes a CP10.5. If other adults live in the home who are not named, the landlord may serve a Prejudgment Claim of Right to Possession so the judgment covers them too.

Step 4: You are served with the summons and complaint

The papers have to be delivered to you in a way the law allows. That can be personal service, where someone hands them to you; substituted service, where they are left with another adult at your home and mailed; or posting on the door and mailing, which needs the court’s permission. The method and the date are written on the proof of service, and they decide when your clock starts.

This is the moment that matters most in the entire process. If you are holding these papers right now, read what to do when you are served an unlawful detainer summons. It explains the summons and complaint in plain words, how to count your 10 court days, and what happens if nothing is filed.

Step 5: You have 10 court days to respond

You generally have 10 court days after service to file a written response. Court days are Monday through Friday, not counting court holidays, so the window is usually about two calendar weeks. Before January 1, 2025 it was only 5 court days, and some older copies of the forms still say 5.

The usual response is the UD-105 Answer, Unlawful Detainer. On it you deny what is not true, check the defenses that fit your facts, and sign under penalty of perjury. It has to be filed at the courthouse named on the summons and served on the landlord’s side with a proof of service. If you cannot afford the filing fee, a FW-001 fee waiver request is filed with it. See the UD-105, explained and how to respond to an unlawful detainer.

Sometimes a different filing comes first. If service was not done properly, a motion to quash service may be the right opening move. If the complaint is defective on its face, a demurrer may be. Which one fits depends on the papers you were served.

Step 6: A default, or a trial date

What happens next depends entirely on step 5.

If nothing is filed, the landlord can ask the court clerk to enter your default. Once a default is entered, the court can give the landlord a judgment for possession without hearing from you. There is no extra hearing and no reminder from the court. This is how most fast evictions happen.

If a response is filed, the landlord cannot win by default. Either side can ask the court to set the case for trial with form UD-150, and eviction cases get priority on California court calendars, so trial comes quickly, usually within weeks. Between now and trial there may be a settlement conference, some exchange of information, or a negotiated agreement. Many contested cases end with a written agreement that sets a realistic move-out date and settles the money.

Step 7: Trial and judgment

At trial the landlord has to prove the case, and you get to present your defenses: a defective notice, rent that was paid or offered, repairs the landlord would not make, retaliation, or a required procedure the landlord skipped. The judge (or a jury, if one was requested) decides.

The result is a judgment, form UD-110. If you win, the eviction ends there. If the landlord wins, the judgment gives the landlord possession and often money for back rent, damages, and costs.

Step 8: The writ of possession and the sheriff

After a judgment for the landlord, the court issues a writ of possession, form EJ-130, and the landlord sends it to the sheriff. The sheriff posts a notice to vacate at the home, usually giving about five days before the lockout. On the lockout day, the sheriff removes the occupants and the landlord gets the keys.

Only the sheriff can carry out a lockout. Even at this stage there can be emergency options, such as a request for a stay of the lockout or a motion to set aside a default judgment. See can I stop an eviction after judgment. The window here is days, not weeks, so call immediately.

The eviction laws in California that shape the process

A few rules sit underneath every step:

• The landlord has to go to court. Changing the locks, removing doors or windows, shutting off utilities, or taking your belongings to force you out is not allowed, whatever the landlord says you owe.
• State just cause rules. For many tenancies, California’s Tenant Protection Act means a landlord needs a reason the law allows to end the tenancy, and some no-fault reasons require relocation assistance.
• Local rules can add more. Several California cities have their own tenant protection ordinances on top of state law. Which rules apply depends on the property address.
• The deadlines are strict. Court days are counted exactly, and a response that arrives a day late can be too late if the default has already been entered.

Where people lose time in the eviction process

After 30 years of helping tenants respond on time, we see the same three mistakes over and over. The first is treating the notice as the eviction and doing nothing until court papers arrive, when the notice stage is where there is the most room. The second is spending the first week of the 10 court day window trying to reach the landlord. Talking is fine, but only a filing stops a default, and you can do both. The third is counting calendar days instead of court days, or counting from the day the papers were read instead of the day they were served.

Get help at any step of the eviction process

Wherever you are in the process, the first question is the same: what were you handed, and when? Call (951) 702-7771 at any hour and read us the first page. The consultation is free. We prepare and file eviction documents for tenants in seven California counties, including Los Angeles County, and we track every date that follows.

This website provides general information about the California eviction process and is not legal advice.