California Eviction Timeline: Step-by-Step Guide for Renters

If you’re a renter in California worried about eviction, knowing the process timeline is essential. This guide provides an easy-to-follow overview of each eviction stage, your renter rights under California law, and official forms you may encounter at every step. It’s designed to help you understand your options and next actions, all while using official government resources.

Understanding the Eviction Process in California

California’s eviction process is regulated by state law, with extra local protections in some cities. Whether your landlord cites unpaid rent, lease violations, or the end of a lease, they must follow a legal sequence of notices and court steps. The main legislation protecting renter rights is the California Civil Code – Chapter 2, Tenant Protections¹. The court system handling eviction cases is the California Superior Court – Unlawful Detainer (Eviction) Division².

Main Steps and Typical Timeline

Understanding each step of the process helps you take timely action. Here’s a breakdown of typical stages:

• Notice Period: Landlord serves you a formal written notice (usually 3, 30, 60, or 90 days depending on the reason).
• Filing the Unlawful Detainer: If you don’t move out or fix the issue, your landlord files an eviction lawsuit.
• Response Period: You have 5 business days to respond after being served with court papers.
• Court Hearing: Scheduled typically within 20 days after your response (if filed).
• Judgment & Sheriff’s Notice: If the landlord wins, the sheriff posts a 5-day notice to vacate.

Each case may be different, but most eviction processes in California take a minimum of three to four weeks.

Detailed Breakdown of Each Step

1. Notice from Landlord (Pre-Eviction)

Your landlord must give you written notice before starting a court eviction. The notice depends on the reason:

• 3-Day Notice to Pay Rent or Quit: Used if you owe rent. You can pay the full amount within 3 days or leave.
• 3-Day Notice to Perform Covenant or Quit: Used for lease violations (like unauthorized pets). You may fix the issue or move out.
• 3, 30, 60, or 90-Day Notices: Depending on whether the landlord is ending the tenancy or the property is in a certain program.

The Notice to Pay Rent or Quit isn’t a court form, but it’s a required first step. Sample templates and requirements are found on the California Courts Self-Help Center: Eviction Notices page.

2. Court Filing: Unlawful Detainer (Eviction Lawsuit)

If you do not fix the issue or move out, the landlord can officially file an Unlawful Detainer case. You will receive court forms, including:

• Complaint – Unlawful Detainer (Form UD-100): Used by the landlord to start the court process. You’ll receive a copy if your case goes to court.
• Summons – Unlawful Detainer – Eviction (Form SUM-130): Officially notifies you of the lawsuit and your deadline to respond.

Once you are served with these papers, you generally have 5 business days (not including weekends or court holidays) to take action.

3. Responding to the Court: Renter’s Next Steps

To defend your rights, filing a response is critical. The main form is:

• Answer – Unlawful Detainer (Form UD-105): You use this to share your side of the story and defenses. Submit it to the court clerk and serve a copy to your landlord or their lawyer.

If you don’t respond within 5 business days, the landlord can request a default judgment, and you may lose automatically.

4. Going to Court: Hearings and Judgments

If you file an answer, the judge typically schedules a trial within 20 days. Prepare your documents, evidence, and witnesses. After the hearing, the judge makes a decision (called a judgment).

5. Sheriff’s Eviction Notice (Writ of Possession)

If the landlord wins, the court issues:

• Writ of Possession (Form EJ-130): Authorizes the sheriff to enforce the move-out order.

The sheriff posts a notice on your door, giving you 5 days to leave before forced removal.

Timeline at a Glance

• Notice from landlord: 3–90 days, depending on notice type
• Landlord files court case: after notice expires
• You respond: within 5 business days of being served
• Court hearing: typically set within 20 days after response
• If eviction judgment: Sheriff posts 5-day Notice to Vacate

Every case is unique—the total process can take 3–8 weeks or more, especially if you respond and appear in court.

Official Tribunal and Key Resources

• California Superior Court – Unlawful Detainer Division handles residential eviction disputes.
• Main law: California Civil Code Section 1946.2 – Tenant Protections
• Find sample forms and further step-by-step explanation at the California Courts Self-Help Center: Eviction

Frequently Asked Questions (FAQ)

1. How much notice does a landlord have to give in California before evicting me?
   Notice periods can be 3, 30, 60, or 90 days depending on the eviction reason. For unpaid rent or lease violations, it’s generally a 3-day notice.
2. What happens if I respond to the eviction lawsuit?
   If you file an answer in time, you will have a court hearing where both sides present their case. This usually delays eviction until a judge decides.
3. Can a landlord evict me without a court order in California?
   No. Landlords must win an Unlawful Detainer case in court to lawfully evict you. Only a sheriff can physically remove a tenant after a court order.
4. Where can I find official eviction forms and notices?
   Visit the California Courts Eviction Forms page for all up-to-date, official documents.
5. Can I get more time to move out after losing an eviction case?
   You may ask the court for more time using a motion, especially if facing hardship. Contact the court or a legal aid group right away for help.

Need Help? Resources for Renters

• California Courts Self-Help Center: Eviction – Step-by-step guides, forms, and FAQs
• Find Your Local Superior Court
• LawHelpCA: Eviction Help by County
• California Department of Housing and Community Development: Eviction Guidelines

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1. California Civil Code (Tenant Protections)
2. California Superior Court – Unlawful Detainer Division

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