In California, a landlord can’t make a tenant leave on their own. They have to give the right written notice, win a court case called an unlawful detainer , and then have the sheriff carry out the court’s order [1][5].
At a glance
- First step
- A written notice: usually 3, 30, 60 or 90 days [1]
- Time to respond to the lawsuit
- 10 court days if served in person [3]
- Typical length after court papers
- 30 to 45 days or more [2]
- Final step
- Sheriff's Notice to Vacate: 5 days to move out [5]
- Just cause
- Usually required after 12 months in the unit (Tenant Protection Act) [1]
The notice comes first
The kind of notice depends on why the landlord wants the tenant out.
| Notice | Time to act |
|---|---|
| 3-day notice to pay rent or quit | 3 days, not counting weekends or court holidays |
| 3-day notice to perform covenants (fix a lease violation) or quit | 3 days, not counting weekends or court holidays |
| 3-day notice to quit (serious problems) | 3 days, counting weekends and holidays |
| 30-day notice (month-to-month, renting less than 1 year) | 30 days |
| 60-day notice (month-to-month, renting 1 year or more) | 60 days |
| 90-day notice (Section 8 housing) | 90 days |
A 3-day notice to pay rent must state the exact amount owed and how, where and when to pay it [1]. For a tenant who has been in the unit for 12 months, the Tenant Protection Act generally requires a legal reason (just cause). For a no-fault eviction, the landlord must pay one month’s rent in relocation help or waive the last month’s rent [1].
The court process, step by step
-
Written notice 3, 30, 60 or 90 days
The landlord must give the right written notice before going to court. After a tenant has lived in the unit 12 months, the Tenant Protection Act usually requires a legal reason (just cause), and a no-fault eviction comes with one month's rent in relocation help or a waived last month.
California Courts Self-Help Guide: types of eviction notices
-
Landlord files an unlawful detainer case After the notice period ends
If the tenant hasn't paid, fixed the problem or moved out, the landlord files a Summons and Complaint and has them served on the tenant.
California Courts Self-Help Guide: eviction
-
Tenant responds 10 court days
If the papers were handed to the tenant in person, the tenant has 10 court days (weekends and court holidays don't count) to file a response. If they were left with someone else or posted and mailed, it's 10 calendar days plus 10 court days. Before January 1, 2025, the deadline was 5 days.
California Courts Self-Help Guide: what happens after you serve your tenant
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Default or trial Court sets the date
If the tenant doesn't respond, the landlord can ask for a default judgment without a trial. If the tenant responds, the landlord asks the court to set a trial and the clerk mails both sides the date.
California Courts Self-Help Guide: if your tenant files a response
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Judgment and writ After the decision
If the landlord wins, the judge signs a Judgment of Possession. The landlord then gets a Writ of Execution from the clerk and takes it to the sheriff. A tenant can ask the judge for more time (a stay of execution).
California Courts Self-Help Guide: after the judge's decision
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Sheriff's Notice to Vacate 5 days
The sheriff gives the tenant a Notice to Vacate. If the tenant is still there after 5 days, the sheriff returns, removes them and locks them out.
California Courts Self-Help Guide: after the judge's decision
The 10-day response deadline
The response deadline is the step tenants most often miss. Since January 1, 2025, a tenant served in person has 10 court days to file a response; before then it was 5 [3][6]. If the papers were left with someone else, or posted and mailed, the tenant gets 10 calendar days plus 10 court days [3].
If no response is filed, the landlord can ask for a default judgment , and the tenant loses the chance to tell their side [2].
After the judge decides
If the landlord wins, the judge signs a Judgment of Possession. The landlord takes a Writ of Execution to the sheriff, and the sheriff serves a Notice to Vacate giving the tenant 5 days to leave. After that, the sheriff can return and lock the tenant out [5]. A tenant who needs more time can ask the judge for a stay of execution [5].
Where to get help
- California Courts Self-Help Guide (selfhelp.courts.ca.gov) has the forms and step-by-step instructions for both tenants and landlords.
- Your county court’s self-help center can help you with the forms.
- Local legal aid offices may be able to represent tenants who qualify.
Sources
- California Courts Self-Help Guide: Choose the right type of eviction notice
- California Courts Self-Help Guide: Eviction (tenants)
- California Courts Self-Help Guide: What happens after you serve your tenant
- California Courts Self-Help Guide: What happens if your tenant files a response
- California Courts Self-Help Guide: After the eviction trial decision
- Superior Court of Santa Clara County: Unlawful Detainer Resources (10-day response from 1/1/2025)
Common questions
How long does an eviction take in California?
The state courts' self-help guide says it can take 30 to 45 days or more for the judge to decide, and it can run longer if there's a trial. The sheriff's 5-day notice comes after that.
How long do I have to respond to an eviction lawsuit in California?
If the papers were handed to you in person, 10 court days, not counting weekends and court holidays. If they were left with someone else or posted and mailed, it's 10 calendar days plus 10 court days.
Can my landlord change the locks without going to court?
No. Only the sheriff can remove a tenant, and only after the landlord wins in court and gets a writ. The sheriff gives the tenant a Notice to Vacate with 5 days to move out first.