California Eviction Timeline: Step-by-Step Process & Deadlines [2026]

The landlord must serve the tenant with a written 3-Day Notice to Pay Rent or Quit. This notice must state the exact amount of rent owed (excluding late fees), the name, address, and phone number of the person to whom rent can be paid, and the acceptable forms of payment. Under SB 567 (2024), the notice must also include specific language about tenant rights. As of the CCP § 1161 amendment (operative February 1, 2025), weekends and judicial holidays are excluded from the 3-day notice period. The notice must include written language stating that the 3-day period excludes Saturdays, Sundays, and other judicial holidays. The notice period excludes the day of service and the tenant has until the end of the third business day to pay in full or vacate.

• Must state exact rent amount owed (no late fees, utilities, or other charges)
• Must include landlord contact information and accepted payment methods
• Service can be personal, substituted, or by posting and mailing
• Tenant can cure by paying full rent within 3 business days
• Weekends and judicial holidays are excluded from the 3-day count (CCP § 1161, effective Feb. 1, 2025)
• Notice must include written language stating the 3-day period excludes Saturdays, Sundays, and other judicial holidays

If the tenant does not pay or vacate after the 3-day notice expires, the landlord files an Unlawful Detainer (UD) complaint in the Superior Court of the county where the property is located. The filing fee ranges from $240-$435 depending on the amount claimed. The complaint must be properly served on the tenant, who then has 5 business days to file a response.

• Filing fee: $240-$435 depending on amount in controversy
• Must file in Superior Court of the county where property is located
• Complaint must include copy of the 3-day notice
• Tenant has 5 business days to respond after service
• If tenant does not respond, landlord can request default judgment

If the tenant files a response, the case is set for trial within 20 days of the request for trial setting. However, court backlogs in major California counties (Los Angeles, San Francisco, Alameda) can extend this to 45-70 days. Either party can request a jury trial. The tenant may raise defenses including habitability issues, retaliation, discrimination, or improper notice.

• Trial must be set within 20 days of request (by statute)
• Actual wait times vary: LA County 30-60 days, SF County 30-45 days
• Either party can request jury trial (adds time and cost)
• Tenant defenses: habitability, retaliation, discrimination, improper notice
• Mandatory mediation may be required in some courts

If the court rules in the landlord's favor, a judgment for possession is entered. The judgment may also include past-due rent, court costs, and attorney fees if provided for in the lease. If the tenant wins, the case is dismissed and the tenant remains in possession. Either party can appeal, but the tenant must post a bond to stay execution during appeal.

• Judgment includes possession, past-due rent, and costs
• Tenant can appeal within 30 days (must post bond)
• Default judgment if tenant fails to respond or appear
• Court may award attorney fees if lease provides for them

After judgment, the landlord obtains a Writ of Possession from the court clerk. The sheriff posts a 5-day Notice to Vacate on the property. If the tenant does not leave within 5 days, the sheriff returns to physically remove the tenant and their belongings. The landlord can then change the locks and retake possession.

• Writ of Possession must be obtained from court clerk
• Sheriff posts 5-day notice on the property
• Sheriff returns after 5 days for physical lockout if needed
• Landlord must store tenant's abandoned property for 18 days
• Total post-judgment timeline: 5-7 days minimum