Evicting a tenant in California is a strictly regulated process. One misstep — a defective notice, a missed deadline — and you could be starting over from scratch. Understanding the steps and having your paperwork prepared correctly from the start saves time, money, and frustration.
The Three Main Stages
Every California eviction (legally called an unlawful detainer) follows the same basic path:
- Notice to the tenant — The legally required written warning giving the tenant time to cure the violation or vacate
- Court complaint and summons — If the tenant doesn't comply, you file an unlawful detainer lawsuit
- Judgment and lockout — If you win, the court issues a judgment for possession and the sheriff can enforce it
Common Eviction Notices
- 3-Day Notice to Pay Rent or Quit — For non-payment of rent. Must state the exact amount owed. You cannot demand more than is actually due.
- 3-Day Notice to Perform Covenant or Quit — For lease violations other than rent (unauthorized occupants, pets, etc.). The tenant gets 3 days to fix the problem.
- 3-Day Notice to Quit — For serious violations where the tenant cannot cure (illegal activity, substantial damage, etc.). No opportunity to fix — must vacate.
- 30-Day or 60-Day Notice to Vacate — For no-fault terminations of month-to-month tenancies. 30 days if the tenant has been there under 1 year; 60 days if over 1 year.
The Unlawful Detainer Complaint
If the notice period expires and the tenant hasn't complied or moved out, the next step is filing an unlawful detainer complaint with the Superior Court. The complaint must be verified (signed under penalty of perjury) and must include:
- The legal description or address of the property
- The basis for eviction and which notice was served
- A copy of the notice and proof of service
- The amount of rent owed, if applicable
- A request for possession and any monetary damages
Timeline Overview
- Day 1Serve notice — Post, hand-deliver, or serve by certified mail
- Days 1-3Notice period — Tenant has time to pay, cure, or vacate (weekends and court holidays excluded for 3-day notices)
- Day 4+File complaint — If tenant hasn't complied, file unlawful detainer at courthouse
- ~Week 2Tenant responds — 5 days to file an answer after being served with the summons
- ~Week 3-4Trial or default — If tenant doesn't respond, default judgment. If they do, trial is typically set within 20 days.
- ~Week 5-6Lockout — Sheriff enforces judgment for possession (typically 5 days after judgment)
Common Mistakes to Avoid
- Wrong notice type — Using a "pay or quit" when you really need a "perform or quit" can get your case dismissed
- Incorrect amounts — Overstating rent due, including late fees that aren't allowed, or demanding amounts not authorized by the lease
- Improper service — The notice and summons must be served correctly. If service is defective, the case can be thrown out.
- Skipping the notice entirely — You cannot go straight to court. The notice is mandatory.
- Self-help eviction — Landlords cannot lock tenants out, shut off utilities, or remove belongings. This is illegal and exposes you to significant liability.
Local Variations
Many California cities and counties have additional eviction protections beyond state law — rent control ordinances, just-cause eviction requirements, and extended notice periods. Cities with notable local ordinances include Los Angeles, San Francisco, Oakland, San Jose, Santa Monica, and Berkeley, among others. Always check your local rules before starting an eviction.
How We Can Help
As a Registered and Bonded LDA, we prepare all the documents you need for a California unlawful detainer — from the initial notice through the complaint, proof of service, and request for judgment — at your specific direction. We work with landlords and property managers throughout California.