California Eviction Notice Laws & Requirements

📝 California Eviction Notice Types

California law requires landlords to provide specific notice types depending on the reason for eviction. Using the wrong notice type is one of the most common reasons evictions get dismissed in California courts. Each notice has precise legal requirements under the California Code of Civil Procedure and Civil Code that must be followed exactly. The notice period begins the day after service, and landlords cannot file an unlawful detainer lawsuit until the full notice period has expired. Understanding these notice requirements is essential for any California landlord managing rental properties in .

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3-Day Notice to Pay Rent or Quit

California Code of Civil Procedure § 1161(2)

⏰ 3 Calendar Days

The most common eviction notice in California, used when a tenant fails to pay rent. Under California law, this notice gives tenants exactly 3 calendar days (excluding the day of service) to pay the full amount owed or vacate the property. This notice type has been used in California since the original unlawful detainer statutes were enacted and remains the primary tool for addressing non-payment of rent.

California courts are extremely strict about the requirements for 3-day notices. Even minor errors can result in dismissal of your unlawful detainer case, forcing you to start the entire process over. The notice must be drafted with precision and served correctly to withstand legal challenge.

Critical Requirements for :

✅ Must state the exact amount of rent owed – no more, no less
✅ Cannot include late fees, utilities, or other charges in the amount
✅ Must include at least one form of payment the landlord will accept
✅ Must include the name, address, and telephone number of the person to whom rent is due
✅ Must include the physical address where rent can be paid in person
✅ Must state exact dates the rent covers (e.g., “January 1-31, “)
✅ Must be signed by the landlord or authorized agent
❌ Cannot demand rent for future months not yet due
❌ Cannot include any charges beyond base rent

📄 Get Free 3-Day Notice Form

🚨 Common Mistake That Gets Cases Dismissed

Many California landlords include late fees, NSF charges, or utility reimbursements in the 3-day notice amount. This is a fatal error that will result in dismissal. California courts routinely dismiss unlawful detainer cases when the notice demands even $1 more than the actual rent owed. Late fees must be collected separately through small claims court or as part of a damage claim after the tenant vacates. Keep late fees completely separate from the rent demand in your 3-day notice.

The 3-day notice must also comply with local ordinances. Some California cities require additional language, specific formatting, or information about tenant rights. For example, Los Angeles requires landlords to include information about the city’s rental assistance programs. Always verify your local requirements before serving a 3-day notice.

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3-Day Notice to Cure or Quit

California Code of Civil Procedure § 1161(3)

⏰ 3 Calendar Days

Used when a tenant violates a term of the lease that can be fixed (cured). This notice gives the tenant an opportunity to correct the violation before facing eviction. Common curable violations include unauthorized pets, unauthorized occupants, failure to maintain renter’s insurance as required by the lease, improper use of common areas, or parking violations.

The distinction between curable and incurable violations is critical under California law. Courts will dismiss eviction cases where landlords failed to give tenants a reasonable opportunity to cure a violation that could have been fixed. The burden is on the landlord to prove the violation was truly incurable if challenged.

Requirements:

✅ Must specifically describe the lease violation in detail
✅ Must cite the specific lease provision being violated
✅ Must explain exactly how the tenant can cure the violation
✅ Must give tenant the full 3 calendar days to cure before filing
✅ Must identify the property address and tenant name
✅ Must be signed and dated by landlord or authorized agent

💡 Pro Tip: Document Everything

Before serving a cure or quit notice, document the violation thoroughly with dated photographs, written complaints from neighbors, lease violation letters, or other evidence. This documentation becomes critical if the case goes to court. Consider using a move-in condition report to establish baseline property condition that can be compared against current conditions.

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3-Day Notice to Quit (Incurable Violations)

California Code of Civil Procedure § 1161(4)

⏰ 3 Calendar Days – No Cure Option

Used for serious violations that cannot be cured by their very nature. California law strictly limits when a landlord can use an incurable notice, and courts will scrutinize whether the landlord correctly classified the violation as incurable. This is considered the most aggressive form of eviction notice and requires substantial justification.

California law limits incurable violations to these specific situations:

🔴 Subletting without permission (after demand to remove subtenant has been ignored)
🔴 Illegal activity on the premises (drug manufacturing, drug dealing, prostitution, weapons violations, gang activity)
🔴 Creating a nuisance that substantially disturbs other tenants or neighbors
🔴 Causing substantial damage to the property beyond normal wear and tear
🔴 Using the property for unlawful purposes not contemplated by the lease
🔴 Assigning the lease without written permission from landlord
🔴 Committing waste (intentional destruction of the property)
🔴 Threatening or assaulting the landlord, property manager, or other tenants

⚠️ High Burden of Proof Required

Courts require substantial evidence for incurable violations. A single complaint about noise is usually insufficient to prove nuisance. A tenant’s guest causing one problem typically doesn’t establish illegal activity. You’ll need police reports, multiple documented incidents over time, photographs of damage, video evidence, testimony from multiple witnesses, or other concrete evidence. Judges will often give tenants the benefit of the doubt, so your evidence must be compelling and well-documented.

Even when you have grounds for an incurable 3-day notice, consider whether it might be safer to serve a cure or quit notice first. This protects you against a tenant’s argument that the violation was curable and demonstrates good faith to the court. Document the tenant’s failure to cure before escalating to an incurable notice if the violation continues.

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30-Day Notice to Terminate Tenancy

California Civil Code § 1946.1

📆 30 Calendar Days

Used for tenancies of less than one year when the property is exempt from AB 1482’s just cause requirements. This notice terminates month-to-month tenancies without requiring a specific reason, but only in limited circumstances. Prior to AB 1482 taking effect on January 1, 2020, California landlords could use 30-day notices freely for any month-to-month tenant with less than a year of occupancy.

When 30-Day Notice Is Permitted in :

✅ Tenant has occupied the unit for less than 12 months
✅ Property is exempt from AB 1482 (single-family homes with proper notice, owner-occupied duplexes, newer construction within the 15-year window, etc.)
✅ No local rent control ordinance applies that would require just cause
✅ The exemption notice was properly provided to the tenant in writing

📄 Get Free 30-Day Notice Form

📋 Important Limitation

Even when permitted, 30-day notices cannot be retaliatory (within 180 days of a protected tenant activity such as a complaint to a government agency, request for repairs, or exercise of legal rights) or discriminatory based on any protected characteristic. California courts closely scrutinize the timing of no-fault evictions, and landlords who terminate tenancies shortly after tenant complaints may face presumptions of retaliation that are difficult to overcome.

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60-Day Notice to Terminate Tenancy

California Civil Code § 1946.1

📆 60 Calendar Days

Required for tenancies of one year or longer when terminating without cause (where permitted) or for “no-fault” just cause reasons under AB 1482. The 60-day notice period gives long-term tenants additional time to find alternative housing and is a recognition of the stability that comes with extended tenancy.

AB 1482 No-Fault Just Causes Requiring 60-Day Notice:

🏠 Owner move-in: Owner or immediate family member (spouse, domestic partner, children, grandchildren, parents, grandparents) intends to occupy the unit as their primary residence
🔨 Substantial remodel: Renovations that require the unit to be vacated for 30+ days and involve permits; cosmetic upgrades don’t qualify
🏚️ Withdrawal from rental market: Permanently removing the unit from the rental market under the Ellis Act (additional requirements apply)
📋 Intent to demolish: The unit will be demolished (requires permits and approvals)
🏛️ Government order to vacate: A government agency has ordered the unit vacated due to code violations or safety issues

📄 Get Free 60-Day Notice Form

💰 Relocation Assistance Required

Under AB 1482, landlords using no-fault just cause evictions must provide relocation assistance equal to one month’s rent. This payment must be made when the notice is served OR waived from the final month’s rent (with written documentation of the waiver agreement). Failure to pay or properly document the relocation assistance waiver can invalidate the entire eviction. Additionally, many California cities require significantly higher relocation payments under local ordinances.

For owner move-in evictions specifically, landlords should be aware that some cities require additional steps such as offering the tenant any comparable vacant unit the landlord owns, restrictions on re-renting the unit, and requirements that the owner actually occupy the unit for a specified period. Fraudulent owner move-in evictions can result in substantial penalties including treble damages.

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90-Day Notice (Section 8 and Government-Subsidized Tenants)

Federal Housing Act Requirements & California Civil Code § 1954.535

📆 90 Calendar Days

Section 8 (Housing Choice Voucher) tenants and other government-subsidized tenants receive enhanced protections under both federal and California state law. A minimum 90-day notice is required to terminate Section 8 tenancies at the end of the initial lease term, and landlords must also notify the local housing authority. During the initial lease term, eviction requires good cause similar to other California tenancies.

Additional Requirements for Section 8 Evictions:

✅ Written notice to both tenant AND the local housing authority
✅ Must state the specific reason for termination (good cause required for all terminations)
✅ Cannot terminate solely because tenant is a voucher holder (source of income discrimination is illegal in California under Civil Code § 12955 and Government Code § 12955)
✅ Must follow both federal HUD regulations and California state law
✅ Housing authority may have additional procedural requirements

California’s source of income protection means landlords cannot refuse to rent to Section 8 voucher holders, cannot terminate tenancies because of voucher status, and cannot discriminate against tenants receiving any form of rental assistance including housing vouchers, Veterans Affairs Supportive Housing (VASH), and other government subsidies.

💡 Working with Housing Authorities

When evicting a Section 8 tenant, maintain open communication with the housing authority. They may be able to assist with addressing lease violations through their own enforcement mechanisms, potentially resolving issues without the need for formal eviction proceedings. Document all communications with both the tenant and housing authority.

⚖️ Just Cause Eviction Requirements Under AB 1482

Since January 1, 2020, California’s Tenant Protection Act (AB 1482) requires landlords to have “just cause” to evict most tenants who have occupied a property for 12 months or longer. This legislation represented a seismic shift in California landlord-tenant law and remains one of the strictest just cause requirements in the nation. Understanding just cause is essential for any California landlord operating in .

Just cause falls into two distinct categories: “at-fault” reasons (tenant did something wrong that justifies eviction) and “no-fault” reasons (landlord needs the unit back for legitimate business or personal purposes). The category determines both the notice period and whether relocation assistance is required.

At-Fault Just Causes (No Relocation Assistance Required)

At-fault just cause evictions are based on tenant behavior that violates the lease or law. Because the tenant caused the situation necessitating eviction, landlords are not required to pay relocation assistance. However, landlords must still provide proper notice and follow all procedural requirements precisely.

Reason	Notice Required	Notes
💵 Failure to pay rent	3-Day Notice	Must demand exact rent amount only; no late fees or other charges
📝 Breach of material lease terms	3-Day Cure or Quit	Must be curable violation; give full opportunity to fix the issue
🚫 Nuisance behavior	3-Day Quit	Requires documentation of ongoing issues affecting quiet enjoyment of others
⚖️ Criminal activity on premises	3-Day Quit	Must be provable; police reports and witness statements critical
👥 Unauthorized subletting or assignment	3-Day Cure/Quit	Must first demand removal of subtenant; allow cure opportunity
🚪 Refusal to allow legal entry	3-Day Cure or Quit	After proper 24-hour written notice given per Civil Code § 1954
📋 Refusal to sign substantially similar renewal lease	3-Day Cure or Quit	New terms must be substantially similar; can’t use to circumvent rent caps
🔧 Failure to cure violation after notice	3-Day Quit	For repeat violations of same lease term within 12 months after cure

For tenants who have previously cured a lease violation, California law allows landlords to serve a 3-day notice to quit (without opportunity to cure) if the tenant commits the same violation again within 12 months. This prevents tenants from repeatedly violating the lease and simply curing when caught.

No-Fault Just Causes (Relocation Assistance Required)

No-fault evictions occur when the landlord needs the unit for legitimate purposes unrelated to tenant behavior. Because the tenant did nothing wrong, California law requires landlords to help offset the displacement by paying relocation assistance. Failing to pay required relocation assistance invalidates the eviction notice.

Reason	Notice Required	Relocation Amount
🏠 Owner/family move-in	60-Day Notice	One month’s rent (state minimum)
🔨 Substantial remodel requiring vacancy	60-Day Notice	One month’s rent (state minimum)
🏚️ Withdrawal from rental market (Ellis Act)	60-Day Notice + Ellis Act requirements	One month’s rent + city requirements (often much higher)
📋 Demolition of unit	60-Day Notice	One month’s rent (state minimum)
🏛️ Government order to vacate	As specified in order	One month’s rent (state minimum)

💡 Best Practice for Relocation Payments

Pay the relocation assistance when serving the 60-day notice rather than deducting from final rent. Provide payment by check or money order with a written receipt that both parties sign. This creates clear documentation of compliance with AB 1482 and avoids disputes about whether payment was properly made. Keep copies of the check, receipt, and any related correspondence in your records.

🏛️ AB 1482: The California Tenant Protection Act Explained

Assembly Bill 1482, signed into law by Governor Gavin Newsom in October 2019 and effective January 1, 2020, created statewide rent caps and just cause eviction requirements that fundamentally changed California landlord-tenant law. Understanding which properties are covered by AB 1482—and which are exempt—is crucial for California landlords operating in . Making incorrect assumptions about coverage status can lead to unlawful rent increases or evictions that expose landlords to significant liability.

Properties Covered by AB 1482

The law applies broadly to most residential rental properties in California, with specific exemptions carved out for certain property types and ownership structures. By default, assume your property is covered unless it clearly falls within one of the enumerated exemptions.

✅ Apartment buildings and multi-family properties (regardless of size, from duplexes to large complexes)
✅ Condominiums and townhomes when rented to tenants
✅ Single-family homes owned by corporations, REITs, LLCs with at least one corporate member, or any non-natural person entity
✅ Duplexes where owner doesn’t occupy one of the units as their primary residence
✅ Mobile homes and manufactured housing (in most cases, with some exemptions for mobile home parks)
✅ Accessory dwelling units (ADUs) built before January 1, 2020

Properties Exempt from AB 1482

Several categories of properties are exempt from AB 1482’s just cause eviction and rent cap requirements. However, many exemptions require landlords to take affirmative steps—particularly providing written notice to tenants—for the exemption to apply.

Exemption Category	Requirements for Exemption to Apply
🏠 Single-family homes and condos	Must be owned by natural person(s), not corporations or LLCs with corporate members; landlord must provide specific AB 1482 exemption notice in the lease or as a separate document
🏗️ Newer construction	Buildings with certificate of occupancy within past 15 years (for , this means properties built after ); rolling exemption expires as buildings age
🏘️ Owner-occupied duplexes	Owner must live in one of the two units as their primary residence throughout the tenancy
👨‍👩‍👧 Roommate situations	Rooms rented in owner’s primary residence where owner shares kitchen or bathroom with the tenant
🏛️ Properties with stronger local rent control	Local ordinances that are more protective than AB 1482 take precedence (property remains subject to local requirements)
🎓 Dormitories	Housing owned and operated by educational institutions for students
🏥 Deed-restricted affordable housing	Subject to specific recorded affordable housing covenants with government entities
🏠 ADUs built after January 1, 2020	Accessory dwelling units constructed after this date are exempt from AB 1482 until January 1, 2030

🚨 The Critical Exemption Notice Requirement

For single-family home and condo exemptions to actually apply, landlords MUST provide written notice to tenants of the exemption. This notice must be included in the lease agreement OR provided as a separate written document. The notice must contain specific language identifying the property type and stating the exemption. Without this notice, the exemption does not apply, and the property remains fully subject to AB 1482 rent caps and just cause requirements. Many California landlords have lost their exemption status—and faced liability—by failing to provide this required notice.

AB 1482 Rent Cap Calculation for

For covered properties, annual rent increases are capped at the lesser of:

📊 5% + local CPI (Consumer Price Index for All Urban Consumers for the applicable metropolitan area)
📊 10% maximum (hard cap regardless of CPI—this is the absolute ceiling)

The applicable CPI is the April-to-April change for the region where the property is located. For , rent caps in most California regions fall between 8-10% due to elevated inflation in recent years. Landlords should verify the current allowable increase for their specific region before implementing any rent increase.

Important limitations on rent increases under AB 1482:

Landlords cannot increase rent more than twice in any 12-month period
The total of all increases in a 12-month period cannot exceed the annual cap
Landlords must provide at least 30 days’ written notice for increases of 10% or less, or 90 days’ notice for increases greater than 10%
Rent increases cannot be used to circumvent just cause protections

📄 Get Free Rent Increase Notice Form

🏙️ California Cities with Local Rent Control Ordinances

California has numerous cities with local rent control ordinances that are stricter than AB 1482. These local laws typically have lower rent caps, broader just cause requirements, additional tenant protections, and often require landlord registration and payment of fees. When local and state laws conflict, the law that is more protective of tenants generally applies. Landlords with properties in rent-controlled cities must comply with both state and local requirements.

🌉 San Francisco

Strict rent control for buildings built before June 1979. Annual increases tied to 60% of CPI (typically 1-3%). Just cause required for all covered units. Extensive tenant buyout regulations. Ellis Act relocation payments can exceed $7,000 per tenant plus additional amounts for seniors, disabled, and long-term tenants. Annual registration and fee required.

🌴 Los Angeles

Rent Stabilization Ordinance (RSO) covers buildings built before October 1, 1978. Annual increases typically 3-4% depending on CPI. Relocation assistance of $11,000-$22,000+ for no-fault evictions depending on tenant status, income level, and unit size. LAHD registration and annual fees required. Primary Renovation Program has specific requirements for substantial remodels.

🌳 Oakland

Covers most units built before 1983. Banking of unused rent increases is prohibited. Strong just cause protections through the Tenant Protection Ordinance. Relocation payments can exceed $10,000. RAP (Rent Adjustment Program) handles disputes and registration. Just Cause for Eviction Ordinance applies separately from rent control coverage.

📚 Berkeley

One of the strictest rent control systems in California. Covers buildings built before June 1980. Individual unit rent caps determined by Rent Stabilization Board. Mandatory mediation before eviction filing in many cases. Comprehensive registration system with annual fees. Eviction protections extend to units exempt from rent control.

🏖️ Santa Monica

Buildings built before April 10, 1979 covered. Very low allowed annual increases (often under 2%). Extensive relocation requirements based on tenant status. Rent Control Board provides oversight and dispute resolution. Strong just cause protections. Landlord registration and annual fees required. Costa-Hawkins-compliant vacancy decontrol.

🌅 West Hollywood

Covers most residential units regardless of age. Annual registration required with fees. Relocation assistance based on unit size and tenant status. Enhanced protections for seniors, disabled, and low-income tenants. Rent Stabilization Division handles complaints and registration. Strict enforcement of just cause requirements.

Other California cities with rent control include: East Palo Alto, Hayward, San José (Measure E), Fremont, Mountain View, Richmond, Inglewood, Pasadena, Glendale, Culver City, Beverly Hills (commercial only historically, residential added recently), Pomona, Union City, Alameda, Santa Rosa, and others. New cities continue to adopt rent control ordinances, particularly in the Bay Area and Southern California. Always verify current local requirements, as cities frequently modify their rent control and just cause ordinances.

📋 How to Determine Your Property’s Status

To verify which requirements apply to your specific property: (1) Contact your local rent board or housing department if one exists, (2) Check your city’s housing department website for rent control ordinance information, (3) Review the date your building received its certificate of occupancy, (4) Consult with a local landlord-tenant attorney familiar with your jurisdiction, and (5) Contact local landlord associations such as the California Apartment Association, which provides resources to help members determine applicable requirements.

📬 How to Properly Serve Eviction Notices in California

Proper service of eviction notices is one of the most critical—and commonly botched—aspects of California evictions. Improper service is grounds for dismissal of your unlawful detainer case, potentially adding weeks or months to the eviction process and requiring you to start over from the beginning. California law recognizes three methods of service, with specific requirements for each. The person serving the notice must be able to testify in court about how service was accomplished.

California’s Three Legal Service Methods

1

Personal Service (Preferred Method)

Hand the notice directly to the tenant. This is the most reliable method and cannot be successfully challenged if properly documented. The person serving the notice should be someone other than the landlord if possible, as they may need to testify in court about the service. Document the date, time, and specific location of service. Note what the tenant was wearing and any statements made. Many landlords hire professional process servers who are experienced in testifying about service and provide legally acceptable proof of service documentation.

2

Substituted Service (If Personal Service Fails)

If the tenant cannot be found after reasonable attempts at personal service, you may use substituted service. Leave the notice with a competent member of the household (at least 18 years old and apparently capable of understanding the significance of the document) at the tenant’s residence, AND mail a copy to the tenant’s residence by first-class mail. BOTH steps are required for valid substituted service. Document your attempts at personal service, including dates, times, and descriptions of your efforts. The mailing should occur on the same day or the day after substitute service is made.

3

Post and Mail Service (Last Resort)

Only use this method after personal and substituted service have both failed. Post (affix) the notice in a conspicuous place on the property (such as the front door in a manner that it will likely be seen) AND mail a copy to the tenant at the property address by first-class mail. This method adds additional days to the notice period to account for mailing time. Courts may scrutinize whether proper attempts at personal and substituted service were made before resorting to post and mail. Document all prior attempts thoroughly.

🚨 Critical: The Proof of Service Document

Always prepare a written Proof of Service document signed under penalty of perjury by the person who served the notice. This document must include the date, time, address, method of service, and description of the person served (if applicable). The Proof of Service will be required when you file your unlawful detainer complaint. Without proper proof of service, your case will likely be dismissed. Many landlords use professional process servers who are experienced in preparing legally acceptable proof of service documentation and testifying in court if challenged.

Counting Days on California Eviction Notices

📅 Day 1 starts the day AFTER service is complete (not the day of service)
📅 Include weekends and holidays in the count for 3-day, 30-day, and 60-day notices
📅 If the last day falls on a weekend or court holiday, extend to the next court business day for filing purposes
📅 Post and mail service adds days for mailing—typically 5 days for mailing within California
📅 Substituted service may also add time depending on local court rules

Example: If you personally serve a 3-day notice on Monday, January 6, the notice period runs Tuesday through Thursday (days 1, 2, and 3). If the tenant hasn’t paid or vacated by the end of Thursday, you can file your unlawful detainer complaint on Friday, January 10. Filing even one day early is grounds for dismissal.

⏱️ California Eviction Timeline: Realistic Expectations for

California has one of the longest eviction timelines in the United States due to tenant-protective laws, court procedural requirements, and persistent court backlogs. Understanding realistic timelines helps landlords plan accordingly and make informed decisions about whether to pursue eviction or negotiate alternatives. These estimates reflect conditions and assume a contested eviction where the tenant files an answer.

Stage	Timeline	Notes
📝 Notice period	3-90 days	Depends on notice type, service method, and tenant status
📋 Prepare and file unlawful detainer complaint	1-3 days	After notice period fully expires; same-day filing possible
📬 Serve summons and complaint on tenant	1-7 days	Must be served by someone other than landlord; multiple attempts may be needed
⏳ Tenant response period	5 court days	Tenant has 5 court days (not calendar days) to file answer or motion
📅 Request trial date	1-3 days	File Request for Trial Setting (form UD-150) after response deadline
⚖️ Wait for trial	20-60+ days	Court must schedule within 20 days but backlogs common in major metros
📜 Obtain judgment and writ of possession	1-5 days	If landlord prevails, request writ from court clerk immediately
🚔 Sheriff executes lockout	7-21 days	Sheriff posts 5-day notice, then returns to perform lockout

Total Realistic Timeline: Uncontested evictions (tenant doesn’t respond) can complete in 35-50 days from notice service. Contested cases typically take 60-120 days. Complex cases with tenant motions, jury demands, or appeals can extend 4-6+ months. Los Angeles, San Francisco, Oakland, and other major metro areas often experience significantly longer delays due to court backlogs and high caseloads.

💡 How to Minimize Delays

The fastest evictions occur when landlords: (1) use properly drafted notices with exact amounts and all required information, (2) serve notices correctly with thorough documentation of service, (3) file the unlawful detainer complaint immediately when the notice period expires, (4) hire an experienced unlawful detainer attorney familiar with local court procedures and judges, and (5) have all documentation organized and ready for trial. A single error at any stage can add weeks or months to the process and potentially require starting over.

🏛️ The California Unlawful Detainer Process Step-by-Step

An Unlawful Detainer (UD) is California’s expedited court process specifically designed for eviction cases. It moves faster than regular civil litigation because the legislature recognized that landlords need timely resolution of possession disputes. However, “expedited” is relative—the process still requires strict compliance with all procedural rules, and errors can result in dismissal or significant delays. Here’s a comprehensive step-by-step guide to the unlawful detainer process in .

1

Verify Notice Period Has Fully Expired

Count days carefully using the rules above. The notice period must be completely expired before filing. Filing even one day early is grounds for dismissal and will require you to start the entire process over. Keep your original notice and proof of service ready for filing. Verify the math multiple times.

2

Prepare and File Unlawful Detainer Complaint

File your complaint in the Superior Court for the county where the property is located. Use the Judicial Council forms (UD-100 Complaint, UD-101 Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations, and potentially additional forms). Filing fees range from approximately $240-$435 depending on the amount claimed. Include copies of the notice, proof of service, and lease agreement with your filing. Most courts now allow electronic filing.

3

Serve Summons and Complaint on Tenant

The summons and complaint must be served by someone at least 18 years old who is not a party to the case. This can be a process server, sheriff, or any adult who can later testify about service. Personal service is preferred. Substituted service and post-and-mail are available if personal service fails after diligent attempts. The tenant then has 5 court days (not calendar days) to respond.

4

Wait for Tenant Response

If the tenant files an answer denying your allegations, the case proceeds to trial. If the tenant fails to respond within 5 court days, you can request entry of default and a default judgment. Tenants may also file a motion to quash (challenging service), demurrer (challenging legal sufficiency of the complaint), or motion to strike. These motions delay the process and require court hearings before trial can be scheduled.

5

Request Trial Setting

If the tenant files an answer, file a Request to Set Case for Trial (Judicial Council form UD-150). Under California law, the court must set the trial within 20 days of the request, though backlogs in busy courts often cause longer waits. Either party may request a jury trial, which typically extends the timeline. Many unlawful detainer cases settle before trial once tenants consult with attorneys or understand the strength of the landlord’s case.

6

Attend Trial and Obtain Judgment

Present evidence supporting your case. Bring all documentation: original lease agreement, all notices served, proofs of service, rent ledger showing payment history, photographs of any damage, communications with tenant, police reports if applicable, and any witnesses. If you prevail, the court issues a judgment for possession of the property and may award monetary damages for unpaid rent, holdover damages, and court costs.

7

Obtain Writ of Possession

After obtaining judgment, request the Writ of Possession from the court clerk (Judicial Council form EJ-130). There is an additional fee of approximately $40-50 for issuance of the writ. The writ is the legal document that authorizes the sheriff to physically remove the tenant and return possession to you. Request the writ immediately after judgment to minimize additional delays.

8

Sheriff Executes Lockout

Deliver the writ to the sheriff’s office along with the lockout fee (approximately $150-200 depending on county). The sheriff will post a 5-day notice of eviction on the property giving the tenant one final opportunity to vacate. After 5 days, the sheriff returns to perform the lockout, changing the locks and legally restoring possession to you. Only the sheriff can physically remove a tenant—never attempt self-help eviction under any circumstances.

🛡️ Common Tenant Defenses to California Evictions

California provides tenants with numerous potential defenses to eviction. Understanding these defenses helps landlords prepare stronger cases, avoid common pitfalls that lead to dismissals, and anticipate the arguments tenants may raise. Many eviction cases that landlords expect to be straightforward become complicated when tenants assert defenses. Proper preparation from the beginning is the best protection against these defenses.

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Defective Notice

The single most successful tenant defense in California eviction cases. Any error in the notice—wrong amount, missing required information, improper service, insufficient notice period, wrong notice type—can result in dismissal of the entire case. California courts strictly enforce notice requirements and will dismiss cases for technical defects. Use properly drafted notices and serve them correctly to minimize this risk.

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Breach of Implied Warranty of Habitability

Under California Civil Code § 1941-1942.5, tenants can argue that rent shouldn’t be paid in full because the property has serious habitability issues such as lack of heat, plumbing problems, pest infestations, mold, roof leaks, or other conditions affecting health and safety. This defense can reduce or eliminate the rent the court finds owed, even if the tenant never formally complained about the conditions. Landlords should document all repairs and address habitability issues promptly. Keep records of all maintenance performed and repair requests received.

⚖️

Retaliation

California Civil Code § 1942.5 creates a rebuttable presumption of retaliation if eviction proceedings begin within 180 days of a protected tenant activity. Protected activities include complaining to government agencies about habitability, exercising legal rights such as organizing tenants, requesting repairs, or filing fair housing complaints. If the tenant proves protected activity and eviction within 180 days, the burden shifts to the landlord to prove a legitimate, non-retaliatory reason for the eviction. Document your legitimate reasons carefully before taking any eviction action.

🚫

Discrimination

The federal Fair Housing Act and California’s Fair Employment and Housing Act (FEHA) prohibit evictions based on protected characteristics including: race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, familial status (including pregnancy), disability, marital status, age, source of income, military status, and other protected categories. Tenants can assert discrimination as a defense and may also file separate discrimination complaints with HUD, DFEH, or local fair housing agencies. Landlords should document legitimate, non-discriminatory reasons for all eviction decisions.

💰

Rent Already Paid / Waiver

If a landlord accepts rent after serving an eviction notice or after filing the unlawful detainer complaint, the tenant can argue the landlord waived the right to proceed with eviction. California courts have held that accepting even partial payment after service can waive eviction rights. Never accept any payment after serving a notice without first consulting an attorney. If you must accept payment, get a written agreement that explicitly reserves your right to proceed with eviction and complies with applicable law.

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Improper Just Cause / AB 1482 Violation

Tenants covered by AB 1482 or local just cause ordinances can challenge whether the landlord has valid just cause for eviction. If the landlord failed to identify just cause in the notice, used improper just cause, or the stated just cause is pretextual, the eviction can be dismissed. For no-fault evictions, failure to pay required relocation assistance is also a complete defense. Ensure you understand which just cause provisions apply to your property and comply with all requirements.

💰 California Relocation Assistance Requirements

Under AB 1482 and various local ordinances, California landlords must provide relocation assistance for certain “no-fault” evictions. Failure to pay required relocation assistance can completely invalidate the eviction notice and any subsequent unlawful detainer proceeding. Understanding relocation requirements is essential before initiating any no-fault eviction in California.

AB 1482 State Minimum Requirement

For properties covered by AB 1482, landlords must provide relocation assistance equal to one month’s rent for no-fault just cause evictions including owner move-in, substantial remodel, withdrawal from rental market (Ellis Act), demolition, and compliance with government orders.

Payment options under AB 1482:

💵 Direct payment to tenant when notice is served (recommended for documentation purposes), OR
💵 Written waiver of the final month’s rent clearly stating the waiver constitutes relocation assistance

Local Relocation Requirements (Often Significantly Higher)

Many California cities have their own relocation requirements that exceed the state minimum. When local requirements are higher than state law, landlords must pay the higher local amount. These amounts are updated regularly and can change annually.

City	Approximate Relocation Amount ()
Los Angeles	$11,050 – $22,100+ (varies by tenant status, income level, and unit size; higher for seniors, disabled, and households with minor children)
San Francisco	$7,500+ base (Ellis Act evictions can exceed $50,000-$75,000 for long-term tenants, seniors, and disabled tenants)
Oakland	$6,500 – $16,000+ depending on circumstances, length of tenancy, and tenant status
Santa Monica	Varies by circumstance; can exceed $20,000 particularly for long-term or protected tenants
Berkeley	$15,000+ for certain eviction types; additional amounts for seniors and disabled tenants
West Hollywood	Based on unit size and tenant status; contact city rent stabilization for current amounts

🚨 Always Verify Current Local Requirements

Local relocation requirements change frequently, often annually. Amounts shown here are approximate and may have changed. Before proceeding with any no-fault eviction, verify current local requirements with your city’s rent board, housing department, or a local landlord-tenant attorney. Failure to pay the correct amount—even if you paid what was required last year—can completely invalidate your eviction and expose you to liability.

🛡️ Eviction Prevention: Screen Tenants Before Problems Start

The best eviction is one you never have to file. Given California’s lengthy eviction timelines, high costs, strong tenant protections, and potential relocation requirements, preventing problem tenancies is far more effective than trying to terminate them. Comprehensive tenant screening at the application stage is your most powerful tool for avoiding costly evictions.

Essential Screening Steps

✅ Credit Check: Review credit history for patterns of late payments, collections, and financial responsibility
✅ Criminal Background Check: Screen for relevant criminal history while complying with California’s fair chance housing laws
✅ Eviction History: Check for prior unlawful detainer filings and judgments
✅ Income Verification: Confirm income is at least 2.5-3x monthly rent
✅ Rental History: Contact previous landlords to verify payment history and lease compliance
✅ Employment Verification: Confirm current employment status and stability

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Rental Application

Comprehensive form to collect applicant information

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Employment Verification

Confirm applicant income and job stability

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Reference Check Form

Questions for previous landlords

💡 California-Specific Screening Requirements

California law limits what landlords can charge for application screening fees (currently capped at approximately $55-60, adjusted annually for inflation). Landlords must provide applicants with an itemized receipt and, upon request, a copy of the consumer credit report. If rejecting an applicant based on screening results, provide an adverse action notice explaining the reasons for denial.

❌ Common California Eviction Mistakes That Get Cases Dismissed

California judges dismiss eviction cases every day due to landlord procedural errors. Learning from these common mistakes can save you months of delays, thousands of dollars in legal fees and lost rent, and the frustration of starting the eviction process over. Here are the errors we see most frequently in .

❌ Mistake #1: Including late fees or other charges in 3-day notice amount

The 3-day notice to pay rent must demand ONLY the base rent owed for the specified period. Including late fees, NSF charges, utility reimbursements, pet deposits, or any other amount beyond base rent is a fatal defect that will result in dismissal. Even demanding one dollar more than the actual rent owed gives the tenant grounds for dismissal.

❌ Mistake #2: Filing the unlawful detainer complaint too early

Filing even one day before the notice period fully expires is grounds for dismissal. Count days carefully, starting with day one being the day AFTER service. Account for any extensions required by the service method used. When in doubt, wait an extra day before filing.

❌ Mistake #3: Improper or undocumented service

Failing to prepare proper proof of service, having the wrong person serve papers, or being unable to prove how and when service was accomplished will sink your case. Always have a third party serve notices, prepare written proof of service signed under penalty of perjury, and keep detailed records of all service attempts.

❌ Mistake #4: Accepting rent after serving an eviction notice

Accepting any payment—even partial payment—after serving an eviction notice can waive your right to proceed with the eviction. If you must accept payment after notice, consult an attorney first and obtain a written agreement that explicitly preserves your eviction rights in compliance with applicable law.

❌ Mistake #5: Self-help eviction tactics

Changing locks, removing belongings, shutting off utilities, removing doors or windows, or intimidating tenants is illegal in California regardless of how much rent is owed or how egregious the tenant’s behavior. Self-help eviction exposes landlords to significant liability including statutory penalties, actual damages, punitive damages, and attorney fees. You may also face criminal charges. Always use the unlawful detainer process.

❌ Mistake #6: Not checking local ordinances before acting

Assuming state law is all that applies is a common and costly error. Local rent control and just cause requirements often impose significant additional obligations including higher relocation payments, registration requirements, additional notice requirements, and restrictions on allowable reasons for eviction. Verify local requirements before initiating any eviction.

❌ Mistake #7: Failing to provide AB 1482 exemption notice

If your property qualifies for exemption from AB 1482, you must provide the required written exemption notice to tenants. Without this notice, the exemption doesn’t apply, and you’re subject to all AB 1482 requirements including just cause and rent caps. Provide the notice at the start of tenancy and keep signed copies.

❓ California Eviction FAQ

📌 How much does it cost to evict a tenant in California in ?

A straightforward, uncontested eviction typically costs $1,500-$5,000 in attorney fees plus court costs (approximately $240-$435 filing fee, $40-50 writ fee, $150-200 sheriff fee). Contested evictions where the tenant files an answer and the case goes to trial commonly cost $5,000-$15,000 or more in attorney fees. Add potential relocation assistance ($1,000-$75,000+ depending on location and circumstances) for no-fault evictions. Complex cases in rent-controlled cities with tenant attorneys involved can exceed $30,000-$50,000 in total costs when accounting for lost rent during the extended process.

📌 Are there still any COVID-19 eviction protections in California?

California’s statewide COVID-19 eviction moratorium has expired, and most pandemic-era protections are no longer in effect as of . However, some local jurisdictions may retain limited protections, and tenants who accumulated rental debt during the pandemic period may have specific procedural requirements that apply to collecting that debt. Always verify current local requirements before proceeding with any eviction. Some tenants may also have pending rental assistance applications that could affect eviction proceedings.

📌 How long does a California eviction stay on a tenant’s record?

Unlawful detainer court records are kept confidential for 60 days after filing under California Code of Civil Procedure § 1161.2. If the landlord ultimately prevails, the judgment becomes a permanent public record. If the tenant wins or the case is dismissed, records may be sealed or masked. This 60-day confidentiality provision was enacted to protect tenants from being blacklisted during litigation before the merits are determined. Eviction judgments typically remain on credit reports for seven years.

📌 Can I evict a month-to-month tenant without cause in California?

It depends on several factors. If AB 1482 applies to your property OR the tenant has lived there for 12 months or longer, you need just cause to evict. If your property is exempt from AB 1482 (single-family home with proper exemption notice, newer construction, owner-occupied duplex) AND the tenant has lived there less than 12 months, you may terminate without cause with proper 30-day notice. Additionally, check whether any local just cause ordinance applies—many California cities require just cause regardless of state exemptions. Always verify your property’s specific status before assuming no-cause termination is permitted.

📌 What if my tenant abandons the property?

California has specific procedures for abandoned property under Civil Code § 1951.2-1951.3. You must serve a Notice of Belief of Abandonment and wait 18 days (or 15 days if the notice is served by mail within California). If the tenant doesn’t respond in writing with intent to remain in possession, you can retake possession without filing an unlawful detainer. For abandoned personal property left behind, separate rules under Civil Code § 1980-1991 apply, requiring notice and a waiting period before disposal. Never assume abandonment without following the proper statutory procedures—doing so exposes you to liability if the tenant wasn’t actually abandoned.

📌 Can I evict a tenant who is behind on rent but making partial payments?

Yes, you can serve a 3-day notice demanding the unpaid portion of rent. However, you must be extremely careful about accepting any payments after serving the notice. Accepting partial payment after service may waive your right to evict and require you to start over with a new notice. If you want to accept partial payment while preserving eviction rights, consult an attorney first and use a proper written agreement that explicitly reserves your rights to continue with the eviction. Document everything in writing.

📌 What’s the difference between a 3-day notice and a 30 or 60-day notice?

A 3-day notice is used for at-fault reasons—the tenant did something wrong such as not paying rent, violating the lease, or committing nuisance. The short timeframe reflects the urgency of addressing these issues. A 30-day notice is used for month-to-month tenants with less than 12 months of occupancy when terminating without cause (where permitted). A 60-day notice is required for tenants with 12+ months of occupancy when terminating without cause or for no-fault just cause reasons under AB 1482. The longer notice periods give long-term tenants more time to find alternative housing.

📌 Do I need an attorney to evict a tenant in California?

While not legally required, hiring an experienced unlawful detainer attorney is strongly recommended for California evictions. The procedural requirements are strict, the tenant protections are extensive, and even small errors can result in dismissal and significant delays. Attorneys familiar with local courts know the judges, understand local procedures, and can often resolve cases more quickly. The cost of an attorney is typically far less than the cost of making mistakes and having to start over—or worse, facing tenant lawsuits for improper eviction practices.

📚 Related California Landlord Resources

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