Landlord guide, California (CA)
California eviction process: the landlord’s steps from notice to removal
The eviction process in California starts with the 3-day notice to pay rent or quit: 3 court days for unpaid rent (Cal. Code Civ. Proc. § 1161(2); Cal. Civ. Code § 1946.2). Then the landlord files in the superior court, where the case is called unlawful detainer; the court hears it, and after judgment a court officer carries out the removal.
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- Notice for unpaid rent
- 3 court days
- Cal. Code Civ. Proc. § 1161(2); Cal. Civ. Code § 1946.2
- Court
- superior court
- Cal. Code Civ. Proc. §§ 1167 (10 court days to respond), 1170.5(a), 715.010, 715.020
- Time to appeal
- Not confirmed
- Checked against the statutes
- 1 November 2026
Step by step
The eviction process California landlords follow, step by step
Notice and court names are given as they read on California’s own forms, and timing details are quoted from the statute.
- 1
Step 1
Serve the notice
Unpaid rent: the 3-day notice to pay rent or quit, 3 court days (Cal. Code Civ. Proc. § 1161(2); Cal. Civ. Code § 1946.2).
Paying everything owed inside the period ends the case, by statute.
Another breach of the lease: the 3-day notice to perform covenants or quit, 3 court days (Cal. Code Civ. Proc. § 1161(3), (4); Cal. Civ. Code § 1946.2).
No reason, month to month: 60 days’ notice (Cal. Civ. Code §§ 1946.1, 1946.2).
What the statute adds, in English
Saturdays, Sundays and judicial holidays are not counted, and the notice may demand only past-due rent, not late fees or other charges. Where the Tenant Protection Act applies, the landlord also needs just cause, and many cities add their own rules.
- 2
Step 2
File the eviction in court
File in the superior court, where the case is called unlawful detainer (Cal. Code Civ. Proc. §§ 1167 (10 court days to respond), 1170.5(a), 715.010, 715.020).
- 3
Step 3
Go to the hearing
The tenant has 10 days to answer the complaint.
In the statute, in English
trial within 20 days after a request to set the case for trial
- 4
Step 4
Judgment and appeal
No appeal deadline could be confirmed from the statute, so ask the clerk which one applies.
- 5
Step 5
Removal by a court officer
An officer of the court carries out the removal, on the court’s order.
In the statute, in English
sheriff serves or posts the writ with a notice to vacate, and the tenant has 5 days before removal
California eviction process timeline
- Notice before filing
- 3 court days
- Time to answer
- 10 days
- Hearing
- Quoted in step 3
- Time to appeal
- Not confirmed
- Removal
- Quoted in step 5
Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.
Can you change the locks yourself?
No. California bans self-help eviction (Cal. Civ. Code § 789.3), so only the court process can remove a tenant.
A landlord may not cut utilities, lock the tenant out, remove doors or windows, or take the tenant's belongings to force them out; the tenant may recover actual damages plus up to $100 a day.
The court process is the safe course in every state.
Write the California eviction notice
Fill in the notice for California in the generator, then read the rest of the state’s landlord law before you serve it.
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the California notice with its 3 court days. You read it and sign; nothing goes out without you.
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Dardaris
The statutes
California eviction laws, with the statute behind each step
| Step | What the law says | Statute |
|---|---|---|
| Notice for unpaid rent | 3-day notice to pay rent or quit3 court daysPaying in full within the period stops itSaturdays, Sundays and judicial holidays are not counted, and the notice may demand only past-due rent, not late fees or other charges. Where the Tenant Protection Act applies, the landlord also needs just cause, and many cities add their own rules. | Cal. Code Civ. Proc. § 1161(2); Cal. Civ. Code § 1946.2 |
| Notice for a lease breach | 3-day notice to perform covenants or quit3 court daysThe tenant can fix the breach within the periodWeekends and judicial holidays are not counted for a curable breach. Nuisance, waste, illegal use and similar breaches allow a 3-day notice to quit with no cure, counted in calendar days, but under the Tenant Protection Act a chance to cure must usually be given first. | Cal. Code Civ. Proc. § 1161(3), (4); Cal. Civ. Code § 1946.2 |
| Notice to end a month-to-month tenancy | 60 days30 days if the tenant has lived there less than one year. After 12 months, the Tenant Protection Act requires just cause for most properties it covers. | Cal. Civ. Code §§ 1946.1, 1946.2 |
| How a notice is served | personal delivery to the tenantsubstituted service on a person of suitable age and discretion at home or work, plus mailing to the homeposting in a conspicuous place at the unit, plus mailing to the unit, if personal and substituted service fail | Cal. Code Civ. Proc. § 1162(a) |
| Court and action | superior courtunlawful detainer | Cal. Code Civ. Proc. §§ 1167 (10 court days to respond), 1170.5(a), 715.010, 715.020 |
| Time to answer | 10 days | Cal. Code Civ. Proc. §§ 1167 (10 court days to respond), 1170.5(a), 715.010, 715.020 |
| Hearing | trial within 20 days after a request to set the case for trial | Cal. Code Civ. Proc. §§ 1167 (10 court days to respond), 1170.5(a), 715.010, 715.020 |
| Time to appeal | Not confirmed from the statute | Not confirmed from the statute |
| Removal | sheriff serves or posts the writ with a notice to vacate, and the tenant has 5 days before removal | Cal. Code Civ. Proc. §§ 1167 (10 court days to respond), 1170.5(a), 715.010, 715.020 |
| Self-help (lockouts, utilities) | BannedA landlord may not cut utilities, lock the tenant out, remove doors or windows, or take the tenant's belongings to force them out; the tenant may recover actual damages plus up to $100 a day. | Cal. Civ. Code § 789.3 |
Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.
- https://www.dre.ca.gov/publications/ResourceGuidebook/2026_Landlord_Tenant_Guide.pdf
- https://selfhelp.courts.ca.gov/eviction-landlord/notice-types
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1950.5
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1954
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1946.1
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1946.2
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1962
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1954.603
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=8589.45
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2079.10a
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=26147
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1940.8
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1940.9
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1940.6
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1947.5
Questions landlords ask about eviction in California
How long does an eviction take in California?
The notice for unpaid rent runs 3 court days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
What notice does a California landlord serve for unpaid rent?
The 3-day notice to pay rent or quit, which gives the tenant 3 court days (Cal. Code Civ. Proc. § 1161(2); Cal. Civ. Code § 1946.2). Paying everything owed inside the period ends the case, by statute.
Can a landlord change the locks in California?
No. California bans self-help eviction (Cal. Civ. Code § 789.3), so only the court process can remove a tenant. The exact limits are quoted on this page.
Where is an eviction filed in California?
In the superior court, where the case is called unlawful detainer (Cal. Code Civ. Proc. §§ 1167 (10 court days to respond), 1170.5(a), 715.010, 715.020).
How does a landlord end a month-to-month tenancy in California?
With 60 days’ notice (Cal. Civ. Code §§ 1946.1, 1946.2). If the tenant stays on after that, the eviction process on this page applies.
Can the tenant appeal an eviction in California?
No appeal deadline could be confirmed from the statute, so ask the clerk which one applies.
The eviction process in other states
- Alabama: 7 business days for unpaid rent
- Alaska: 7 calendar days for unpaid rent
- Arizona: 5 calendar days for unpaid rent
- Arkansas: 3 calendar days for unpaid rent
- Colorado: 10 calendar days for unpaid rent
- Connecticut: 3 calendar days for unpaid rent
- Delaware: 7 calendar days for unpaid rent
- Florida: 3 court days for unpaid rent
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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