How to evict a tenant in California: steps and timeline
California landlords must serve a written notice that fits the reason, file an unlawful detainer lawsuit, and wait for a court judgment and the sheriff. For unpaid rent the notice gives three days to pay or leave, and the count skips Saturdays, Sundays and court holidays. If the tenant has lived in the home 12 months, the Tenant Protection Act (Civil Code 1946.2) also requires a stated just cause, and no one may change the locks or shut off utilities to force a tenant out.
Which notice do you serve in California?
The California courts' self-help site lists the notice by problem. Each one has its own count of days, and getting the type wrong can cost you the case.
| Problem | Notice | Days | Tenant can fix it? |
|---|---|---|---|
| Unpaid rent | 3-day pay rent or quit | 3, not counting weekends or court holidays | Yes, by paying the rent owed in the notice |
| Lease violation | 3-day perform covenants or quit | 3, not counting weekends or court holidays | Yes, by fixing the violation |
| Serious problem with no fix | 3-day quit | 3, counting weekends | No |
| Month-to-month, no fault | 30-day or 60-day notice | 30 if tenancy under 1 year, 60 if 1 year or more | Not a cure notice |
The pay-or-quit notice cannot demand other money, such as late fees, utilities or damages; only the rent. Under the Tenant Protection Act, a covenant notice usually has to come first before a no-cure 3-day quit, and some cities add their own requirements, including a prior cease-and-desist letter.
What is just cause under AB 1482?
Civil Code 1946.2 says that once a tenant has continuously and lawfully occupied a home for 12 months, the owner may not end the tenancy without just cause, and the cause must be stated in the written notice. At-fault causes include default in rent, breach of a material lease term, nuisance and waste. No-fault causes such as owner move-in or major repairs require relocation help of one month's rent, or waiving the last month's rent, according to the courts' self-help site. Some properties are exempt, and local rent control often goes further, so check your city.
What happens after the notice runs out?
If the tenant does not pay or leave, you file an unlawful detainer complaint in the superior court for the county. The summons and complaint must be delivered to the tenant by someone other than you. The self-help site says a tenant served in person generally has 10 court days to respond, 15 court days under the Safe at Home program, and 10 calendar days plus 10 court days after substituted service or posting and mailing. Court days exclude weekends and holidays, so this is longer than it sounds. Filing fees vary by county.
If the tenant files nothing, you can ask for a default judgment. If the tenant files an answer, you request a trial date. If the tenant moves out or you settle, you must dismiss the case. A contested case takes longer, and a tenant can also ask for a stay, a new trial or an appeal.
Who removes the tenant?
After judgment you complete the writ of execution form (EJ-130), have the clerk issue it, and take it to the sheriff. The sheriff posts a notice to vacate that gives the tenant 5 days to leave, then returns, removes the tenant and locks the home if the tenant has not moved. After trial a tenant can ask the judge for a stay, ask to set aside the judgment, or appeal, which can delay this step.
Example a made-up landlord serves a 3-day pay-or-quit on Friday, November 6, 2026. Saturday and Sunday do not count, and Wednesday, November 11 is Veterans Day, a court holiday, so the three days are Monday the 9th, Tuesday the 10th and Thursday the 12th. The tenant has until the end of Thursday, November 12. The landlord files Friday, November 13, serves the same day, and the tenant has 10 court days. Counting from Monday the 16th and skipping Thanksgiving, Thursday, November 26, and the court holiday after it, the tenant's response is due Tuesday, December 1. No response means a default judgment request on Wednesday, December 2. The sheriff's 5-day notice then runs into the second week of December at the earliest.
What is a California landlord never allowed to do?
Civil Code 789.3 bars a landlord, with intent to end the tenancy, from willfully cutting off any utility service, including water, heat, light, electricity, gas, telephone, elevator or refrigeration, even if the utility is under the landlord's control. It also bars changing the locks, using a bootlock, removing outside doors or windows, or removing the tenant's belongings without written consent. The tenant can recover actual damages plus up to $100 for each day of the violation, and not less than $250 for each separate violation. Retaliation for repair requests or code complaints is also an illegal reason for eviction. We read the courts' self-help pages but could not open the Civil Code sections from our tools, so confirm the current text of 1946.2 and 789.3 on the Legislature's site.
How DoorKeeping handles it
DoorKeeping records rent in each property's books, keeps late fees within the state cap, holds the tenant ledger and stores your lease and notices as documents. You can email tenants from it. It does not file unlawful detainer cases or serve notices. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
- California Courts Self-Help Center, Types of eviction notices for landlords, read Oct 30, 2026
- California Courts Self-Help Center, What happens after you serve your tenant, read Oct 30, 2026
- California Courts Self-Help Center, After the judge's decision in an eviction case, read Oct 30, 2026
- California Civil Code 1946.2 (Tenant Protection Act just cause), read Oct 30, 2026
- California Civil Code 789.3 (utilities and lockouts), read Oct 30, 2026
Questions
- Do weekends count in a California 3-day notice?
- For the pay-or-quit and perform-covenants notices, no: Saturdays, Sundays and court holidays are excluded. The 3-day quit for serious problems counts every day.
- Can I include late fees in the 3-day pay or quit notice?
- No. The courts' self-help site says the notice cannot demand other money such as late fees, utilities or damages, only the rent owed.
- How long does a California tenant have to answer an eviction lawsuit?
- Generally 10 court days after being served in person, longer after substituted service or when the Safe at Home program applies.