CA Eviction FAQ: 20 Answers for Landlords (2026)

An uncontested California eviction takes approximately 35–60 days from the date you serve the initial notice to the date the sheriff performs the lockout. A contested eviction — where the tenant files an answer and the case goes to trial — takes 90–231 days or longer. The timeline breaks down roughly as: 3–60 day notice period, 5 days for the tenant to respond after summons, 20–70 days for trial scheduling, and 5–15 days for the sheriff to execute the writ of possession. Court backlogs in LA and SF can add months.

Yes, you can represent yourself in an unlawful detainer action. However, notice defects are the #1 reason eviction cases get dismissed in California courts. Common mistakes include including late fees in a 3-day notice, using the wrong notice type, or serving improperly. For straightforward nonpayment cases where the tenant does not contest, self-representation is feasible if you use correct templates. For anything involving AB 1482 just cause requirements, local rent control ordinances, or a tenant who hires an attorney, you should strongly consider hiring an eviction attorney.

File the unlawful detainer complaint in the Superior Court of the county where the property is located. This is not optional — you cannot file in a different county. Most counties have a specific courthouse that handles unlawful detainer cases. Check your county’s Superior Court website for the correct filing location, hours, and any local rules. Some counties allow e-filing; others require in-person filing.

The core forms are: UD-100 (Complaint — Unlawful Detainer), SUM-130 (Summons — Unlawful Detainer), and POS-010 (Proof of Service of Summons). You will also need a copy of the notice you served (3-day, 30-day, or 60-day) and the proof of service for that notice. If the tenant does not respond within 5 days of being served, you can request a default judgment using form CIV-100. All forms are available free from the California Judicial Council website at courts.ca.gov.

DIY is feasible for straightforward nonpayment cases where you are confident in your notice, the property is not subject to local rent control, and the tenant is unlikely to contest. Hire an attorney if: the property is covered by AB 1482 and the eviction is for something other than nonpayment, the tenant has legal representation, the property is in a city with a local rent ordinance (LA, SF, Oakland, Berkeley, etc.), or the tenant claims retaliation or discrimination. The cost of an attorney ($1,500–$5,000) is almost always less than the cost of a dismissed case ($5,000–$7,500+ in additional lost rent).

NO. Absolutely not. Self-help eviction is illegal in California under Civil Code §789.3. Changing locks, removing doors, boarding up entries, or any other action to prevent the tenant from accessing the premises carries a penalty of $100 per day minimum plus actual damages and attorney’s fees. The tenant can also sue for constructive eviction. This applies even if the tenant owes months of rent, has damaged the property, or has been served with an eviction notice. The only lawful way to remove a tenant is through the court process, ending with a sheriff lockout.

NO. Shutting off water, electricity, gas, or any other utility to force a tenant to leave is illegal under California Civil Code §789.3. The penalty is $100 per day minimum for each day the utility is interrupted, plus actual damages and attorney’s fees. This applies even after you have a court judgment for eviction — only the sheriff can enforce the writ of possession. Courts have awarded tenants $10,000–$50,000+ in damages for utility shutoff cases.

Only after the sheriff has performed the lockout and you have regained legal possession. If the tenant leaves belongings behind, California Civil Code §1983–1988 requires you to: (1) inventory the property, (2) send written notice to the tenant’s last known address, (3) store the property for 18 days if the estimated value exceeds $700, or 15 days if under $700. If the tenant does not claim the property within the notice period, you may sell or dispose of it. Removing belongings before the sheriff lockout is illegal and will result in liability for the value of the property plus damages.

The same eviction process applies regardless of whether the tenant has children. Having children does not provide a legal defense against eviction in California. However, courts may grant brief continuances (typically 5–10 days) to allow a family with children additional time to find alternative housing, particularly during the school year. The court cannot deny the eviction outright based on the presence of children. The sheriff will still execute the lockout on the scheduled date unless the court issues a stay.

A bankruptcy filing triggers an automatic stay that immediately halts all eviction proceedings. You cannot proceed with the unlawful detainer action, execute a writ of possession, or take any collection action until the stay is lifted. To continue the eviction, you must file a Motion for Relief from Automatic Stay in the bankruptcy court. This typically takes 2–4 weeks to process. If you already have a judgment for possession before the bankruptcy is filed, you may be able to proceed under the “endangerment” or “illegal substance” exceptions (11 USC §362(b)(22)), but this requires filing a certification with the bankruptcy court. Consult a bankruptcy attorney immediately if your tenant files.

Section 8 (Housing Choice Voucher) tenants have additional protections. You cannot evict a tenant for having or using a Section 8 voucher — source of income discrimination is illegal in California under Government Code §12955. For no-fault terminations, you must provide 90 days’ notice (not 30 or 60 days). You must also notify the local housing authority of any eviction action. For at-fault evictions (nonpayment, lease violations), the standard notice periods apply, but you should still notify the housing authority. The housing authority may intervene or offer mediation. Evicting a Section 8 tenant for pretextual reasons when the real motive is to remove the voucher is illegal and can result in significant penalties.

California Civil Code §1942.5 creates a rebuttable presumption of retaliation if the eviction is filed within 180 days of: the tenant complaining to a government agency about habitability, the tenant exercising a legal right (requesting repairs, organizing tenants), or a government inspection citation. If the tenant raises retaliation as a defense, the burden shifts to you to prove a legitimate, non-retaliatory reason for the eviction. Strong documentation is essential — if you have clear evidence of nonpayment, lease violations, or other just cause that predates the tenant’s complaint, the presumption can be overcome. To protect yourself, always document the legitimate reason for eviction before serving notice, and avoid serving eviction notices within 180 days of a tenant complaint unless the grounds are clearly unrelated.