The California Eviction Process, Step by Step

1. 1. Serve the correct notice

   A 3-day notice for nonpayment or breach, or a 30/60/90-day termination notice. If the tenancy is covered by just cause, the notice must state the cause. See notices to quit.

2. 2. Wait out the notice period

   The tenant may pay, cure, or vacate. If they do, the matter ends there — filing anyway exposes the landlord to a wrongful-eviction claim.

3. 3. File the unlawful detainer complaint

   Filed in the superior court for the county where the property sits. The complaint attaches the notice and the proof of service.

4. 4. Serve the summons and complaint

   Personal service is the norm. Substituted service or service by posting requires a court order.

5. 5. The tenant's response window

   Since AB 2347, the tenant has 10 court days from the day after service to file an answer, demurrer, or motion to quash — up from five. Service by mail adds five court days.

6. 6. Default or trial

   If nothing is filed, the landlord may request a default judgment. If an answer is filed, either side may request trial, which the court sets on an expedited basis — typically within about 20 days.

7. 7. Judgment and writ of possession

   A landlord who prevails obtains a judgment for possession and a writ directing the sheriff to restore the property.

8. 8. Sheriff lockout

   The sheriff posts a 5-day notice to vacate. If the tenant is still there when it expires, the sheriff performs the lockout and the landlord may change the locks.

AB 2347 amended Code of Civil Procedure §1167 to give tenants 10 court days to respond to an unlawful detainer, replacing the long-standing five-day rule. "Court days" excludes weekends and judicial holidays, so ten court days is roughly two calendar weeks — and longer when a holiday falls inside the window.

The same bill gave tenants more time to respond to a motion for summary judgment. For landlords, the practical effect is that the fast, uncontested timeline is now meaningfully slower, and building the extra weeks into cash-flow planning matters more than it used to.

A tenant subjected to a self-help eviction can recover actual damages plus statutory penalties for each violation, and the conduct can independently support a retaliation or harassment claim. The only lawful path to possession runs through the court and ends with the sheriff.

• Defective notice — wrong form, wrong period, wrong amount demanded, or bad service.
• Breach of the warranty of habitability — unrepaired conditions can reduce or eliminate the rent owed.
• Retaliation — the termination followed a complaint to a housing agency or an exercise of tenant rights.
• Discrimination — a termination motivated by a protected characteristic.
• Acceptance of rent after the notice, which can waive the notice.
• No just cause stated where the tenancy is covered by AB 1482.