How to Evict a Tenant in California (2026)
The legal steps for landlords in California — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In California a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. Source: Cal. Civ. Proc. Code § 1161(2) |
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| Lease violation | 3-day notice to perform the lease covenant or quit, where the breach can be cured. Weekends and court holidays do not count. For a serious violation that cannot be cured (such as nuisance, waste, or illegal use), a 3-day notice to quit, counting every day. Where just cause applies (§ 1946.2), the landlord must first give written notice and an opportunity to cure a curable violation. |
| Ending a month-to-month tenancy (no fault) | Landlord: 30 days' written notice if the tenant has lived there less than one year, 60 days if one year or more. Tenant: notice at least as long as the rental period, usually 30 days for month-to-month. Where the AB 1482 Tenant Protection Act applies (after 12 months of occupancy, non-exempt property), the landlord also needs a just cause stated in the notice. No-fault just cause requires relocation assistance. |
Local rent-control or just-cause rules can limit evictions: Statewide cap (AB 1482, Tenant Protection Act): within any 12 months, rent may rise by no more than 5% plus the local CPI change, or 10%, whichever is lower, in no more than two increments. Exemptions include housing with a certificate of occupancy issued within the past 15 years, deed-restricted affordable housing, dorms, and qualifying single-family homes and condos not owned by a REIT, corporation, or corporate-member LLC, if the required exemption notice was given. Local rent control is allowed, within the limits of the Costa-Hawkins Act (Civ. Code § 1954.50 et seq.).
Step 2: Write and deliver the notice correctly
| What the notice must say | A written 3-day notice, not counting Saturdays, Sundays, or judicial holidays, demanding payment of rent or possession. It must state: the amount due; the name, phone number, and address of the person to pay; if payment can be made in person, the usual days and hours that person is available; or, instead, a bank account number with the institution's name and street address (within 5 miles of the unit), or a previously established electronic funds transfer procedure. If the address does not allow personal delivery, a tenant's mailed payment counts as received on the postmark date. The notice must be served within 1 year after the rent became due, and on any subtenant in occupation. Service is by personal delivery. If the tenant is absent from home and work, a copy may be left with a person of suitable age and discretion at either place, plus a copy mailed to the residence. If neither of those works, the notice may be posted in a conspicuous place, a copy given to a resident if one can be found, and a copy mailed to the property. |
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| How it must be delivered | Eviction notices (3-day and other § 1161 notices) must be served in one of three ways: (1) handed to the tenant personally; (2) if the tenant is away from home and work, left with a person of suitable age and discretion at either place, plus a copy mailed to the residence; or (3) if neither place can be found or no suitable person is there, posted in a conspicuous place on the property, given to a resident if one can be found, plus a copy mailed to the property. A 30- or 60-day notice to end a periodic tenancy may be served the same way or by certified or registered mail. A rent-increase notice must be handed over personally or mailed under Code Civ. Proc. § 1013. No statute provides for email or text service of these notices. |
Notice forms:
- California notice to pay rent or quit — requirements and free draft
- California notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in California are heard in: Superior Court of California (unlawful detainer), in the county where the property is located.
- Landlord serves a written notice: 3-day pay or quit, 3-day perform or quit, 3-day quit, or 30/60/90-day notice, with just cause stated where AB 1482 or local law applies
- Landlord files an Unlawful Detainer complaint and the tenant is served with the summons and complaint
- Tenant files a response (usually an Answer) within 10 days, excluding Saturdays, Sundays, and judicial holidays (5 more court days if served by mail through the Secretary of State's address confidentiality program)
- If the tenant answers, a trial is set (per the courts, usually about a month after the request); if not, the landlord can get a default judgment
- Judgment for possession; landlord obtains a Writ of Execution and delivers it to the sheriff
- Sheriff serves a Notice to Vacate giving the tenant 5 days, then performs the lockout
Court timing: 10 days to respond, excluding weekends and judicial holidays (CCP § 1167, as amended by AB 2347, effective January 1, 2025; previously 5 court days).
Source: Cal. Civ. Proc. Code §§ 1161, 1167; California Courts Self-Help Guide
How long it takes to evict a tenant in California
For unpaid rent, the notice period is 3 court days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in California
Court filing and service fees are set locally. Verified fees in the largest California counties:
| County | Filing and service fees |
|---|---|
| Los Angeles County (Los Angeles, Long Beach) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| San Diego County (San Diego) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Orange County (Santa Ana, Anaheim, Irvine) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Santa Clara County (San Jose) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Alameda County (Oakland, Fremont, Hayward) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| San Bernardino County (San Bernardino, Fontana, Rancho Cucamonga) | $255 (unlawful detainer, limited civil, demand up to $10,000); $395 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $240 / $380 / $435. |
| Riverside County (Riverside, Moreno Valley) | $270 (unlawful detainer, limited civil, demand up to $10,000); $410 (limited civil, over $10,000 to $35,000); $450 (unlimited, over $35,000). Tenant's answer: $255 / $395 / $450. |
| Sacramento County (Sacramento) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| City and County of San Francisco | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $450 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $450. |
| Fresno County (Fresno) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Contra Costa County (Concord, Richmond, Antioch) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| Kern County (Bakersfield) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| San Mateo County (San Mateo, Redwood City, Daly City) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| Ventura County (Oxnard, Thousand Oaks, Ventura) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| San Joaquin County (Stockton) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| Sonoma County (Santa Rosa) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| Santa Barbara County (Santa Maria, Santa Barbara) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| Stanislaus County (Modesto) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| Monterey County (Salinas) | $240 to $450 to file an eviction (unlawful detainer) case, depending on the amount demanded |
| Tulare County (Visalia) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Solano County (Vallejo) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| San Luis Obispo County (San Luis Obispo) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Placer County (Roseville) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Merced County (Merced) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Santa Cruz County (Santa Cruz) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Marin County (San Rafael) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Butte County (Chico) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
| Yolo County (Davis) | $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord: 30 days' written notice if the tenant has lived there less than one year, 60 days if one year or more. Tenant: notice at least as long as the rental period, usually 30 days for month-to-month. Where the AB 1482 Tenant Protection Act applies (after 12 months of occupancy, non-exempt property), the landlord also needs a just cause stated in the notice. No-fault just cause requires relocation assistance. |
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| Someone who was never a tenant (squatter / unauthorized occupant) | California has no special fast-track squatter-removal statute. Entering and occupying property without the consent of the owner, the owner's agent, or the person in lawful possession is misdemeanor trespass. Refusing to leave property that is not open to the public, after the owner or a peace officer acting at the owner's request asks the person to leave, is also trespass. An owner can file one notarized request on the police agency's form so officers can act against trespassers for up to 12 months (or a shorter period set by local ordinance) while the owner is absent or the property is closed and posted. The request may be submitted electronically and ends if the property is sold. If police will not act (for example, because the occupant claims to be a tenant), the owner must go to court with an unlawful detainer or forcible detainer case (CCP 1159 et seq.). The occupant has 10 court days to respond after being served. A single lodger in an owner-occupied home who stays after a proper Civ. Code 1946.5 notice expires commits an infraction and may be arrested and removed. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Prohibited when done to force the tenant out: willfully cutting utilities (water, heat, light, electricity, gas, telephone, elevator, refrigeration), changing locks, removing doors or windows, or removing the tenant's belongings. The tenant may recover actual damages plus up to $100 per day of violation, with a minimum of $250 per cause of action, and reasonable attorney's fees. Source: Cal. Civ. Code § 789.3 |
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| Retaliation | A landlord may not evict, raise rent, or reduce services within 180 days after the tenant, in good faith, gives a repair notice under § 1942, reports a suspected bed bug infestation, complains about habitability, complains to a housing agency, or takes part in a related inspection, lawsuit, or arbitration. This applies only if the tenant is not behind on rent, and a tenant may invoke it once per 12 months. Retaliation for organizing or joining a tenants' association, or for exercising other legal rights, is also unlawful. Threatening to report a tenant to immigration authorities counts as retaliation. Source: Cal. Civ. Code § 1942.5 |
| Accepting rent after the notice | If a 3-day notice says the landlord may declare the lease forfeited, that forfeiture is canceled and the lease stays in effect if the tenant cures within 3 days after service, or if the landlord waives the breach after the notice is served. Accepting rent after the notice can be treated as such a waiver. No statute sets a general written-agreement exception for partial payments on residential tenancies. Source: Cal. Code Civ. Proc. § 1161.5 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
California eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in California?
3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due.
How much does it cost to evict a tenant in California?
Court fees are set locally — for example, Los Angeles County (Los Angeles, Long Beach): $240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435.
Can a landlord change the locks to evict a tenant in California?
Prohibited when done to force the tenant out: willfully cutting utilities (water, heat, light, electricity, gas, telephone, elevator, refrigeration), changing locks, removing doors or windows, or removing the tenant's belongings. The tenant may recover actual damages plus up to $100 per day of violation, with a minimum of $250 per cause of action, and reasonable attorney's fees.
How do you evict a tenant without a lease in California?
Landlord: 30 days' written notice if the tenant has lived there less than one year, 60 days if one year or more. Tenant: notice at least as long as the rental period, usually 30 days for month-to-month. Where the AB 1482 Tenant Protection Act applies (after 12 months of occupancy, non-exempt property), the landlord also needs a just cause stated in the notice. No-fault just cause requires relocation assistance.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.