Last updated: August 4, 2026
California Eviction Process 2026: Timeline + Costs ($4K–$11K)
The complete step-by-step guide to legally evicting a tenant in California — from serving notice to sheriff lockout, with real costs and timelines at every stage.
Key Takeaways
- Evictions cost $4,000–$11,000+ (court fees, service, lost rent, attorney)
- Timeline: 35–231 days (5 weeks uncontested, 7+ months contested)
- Just cause required after 12 months (AB 1482) — 10 legal grounds
- Notice defects are the #1 dismissal reason — wrong notice = restart the clock
- Cash for keys ($500–$2,000) is often cheaper than full eviction
- Accepting rent after notice kills your case
Evicting a tenant in California takes 35–231 days and costs $4,000–$11,000 on average. The process requires just cause under AB 1482, proper notice (3, 30, or 60 days depending on the situation), filing an unlawful detainer lawsuit, and a court hearing. Notice defects are the number one reason eviction cases get dismissed.
Step 1: Determine Just Cause
Before you do anything, confirm you have a legally valid reason to evict. Under AB 1482, once a tenant has occupied a unit for 12 months or more, you need one of 10 specific grounds — 6 at-fault and 4 no-fault.
At-Fault (6 Reasons)
- Nonpayment of rent
- Material lease breach
- Nuisance
- Criminal activity
- Refusal to sign renewal
- Refusal to allow entry
No-Fault (4 Reasons)
- Owner/family move-in
- Ellis Act withdrawal
- Government order to vacate
- Substantial remodel
Relocation assistance required
Deep dive: See our Just Cause Eviction California guide for all 10 grounds explained with notice requirements, exemptions, and relocation costs.
Step 2: Serve the Correct Notice
The notice type and timeline depends on your reason for eviction. Serving the wrong notice is the #1 reason eviction cases get dismissed. The tenant can challenge the notice in court and force you to restart the process.
| Notice Type | Days | When to Use | Statute |
|---|---|---|---|
| 3-Day Pay or Quit | 3 | Nonpayment of rent | CCP §1161(2) |
| 3-Day Cure or Quit | 3 | Lease violation (curable) | CCP §1161(3) |
| 3-Day Quit (No Cure) | 3 | Nuisance, criminal activity, waste | CCP §1161(4) |
| 30-Day Notice | 30 | Month-to-month, tenancy under 1 year | CC §1946.1 |
| 60-Day Notice | 60 | Month-to-month, tenancy over 1 year | CC §1946.1 |
| 90-Day Notice | 90 | Section 8 / subsidized housing | 42 USC §1437d |
Critical: Do NOT accept any rent after serving notice. Accepting even a partial payment can be interpreted as waiving the notice and resetting the entire process. Courts are strict on this.
Need templates? Get free, copy-paste eviction notice templates with the correct statutory language for each notice type.
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Try Free →Step 3: File Unlawful Detainer Lawsuit
If the tenant does not comply with the notice (pay, cure, or vacate), you file an Unlawful Detainer (UD) lawsuit in the county Superior Court where the property is located.
Required Forms
- UD-100 — Complaint for Unlawful Detainer
- SUM-130 — Summons (Unlawful Detainer)
- LACIV 107 — Cover sheet (if filing in LA County)
- Copy of the lease agreement
- Copy of the notice served (with proof of service)
Filing Fee
$240–$450 depending on the county and amount of rent owed. Fee waivers are available if you qualify.
Service of Summons
The UD summons must be personally served on the tenant (not you — use a process server or someone over 18 who is not a party to the case). The tenant then has 5 calendar days to file a response. If served by substituted service, they get 15 days.
Step 4: Court Hearing
After the tenant responds (or fails to respond), the case moves to a hearing. Unlawful detainer cases receive priority on the court calendar.
If Tenant Does Not Respond (Default Judgment)
You can request a default judgment. The court may grant possession without a trial. This is the fastest path — can be resolved in as few as 20 days after filing.
If Tenant Files an Answer
A trial date is set, typically 20–45 days after filing. The tenant can also request a jury trial, which adds additional weeks. Common defenses: improper notice, retaliation, habitability issues, discrimination.
What to Bring to Court
- Signed lease agreement
- All notices served (with proof of service)
- Rent payment records / ledger
- Photos documenting any damage or violations
- Written communications with tenant
- Witness contact information
Step 5: Judgment & Writ of Possession
If the court rules in your favor, a judgment for possession is entered. The next step is obtaining and executing a writ of possession.
Writ of Possession
After judgment, you request a Writ of Execution (Possession) from the court clerk. This authorizes the county sheriff to remove the tenant. The writ is valid for 180 days.
Sheriff Posts Notice
The sheriff posts a 5-day notice to vacate at the property. The tenant has 5 days to leave voluntarily before the sheriff returns to enforce the lockout.
Money Judgment
In addition to possession, the court may award a money judgment for unpaid rent, damages, and court costs. Collecting is a separate process — consider wage garnishment or bank levy if the tenant does not pay voluntarily.
Step 6: Lockout & Property Recovery
After the 5-day notice expires, the sheriff returns to physically remove the tenant and restore possession to you.
Sheriff Enforces Lockout
The sheriff removes the tenant and any occupants. You (or a representative) should be present with a locksmith to change all locks immediately. Cost: $150–$300 for the sheriff lockout service.
Abandoned Property
If the tenant leaves belongings behind, you must follow Civil Code §1983–1984. Send a written notice giving the tenant 15 days (personal delivery) or 18 days (mailed) to claim their property. You cannot throw it away immediately.
Never self-help evict. Changing locks yourself, shutting off utilities, removing tenant belongings, or physically removing a tenant is illegal in California. Penalties: actual damages, $100/day for each day of violation, and attorney’s fees (Civil Code §789.3).
Eviction Costs Breakdown
The true cost of eviction goes far beyond court fees. Lost rent during the process is typically the largest expense.
| Item | Cost Range |
|---|---|
| Court filing fee | $240–$450 |
| Process server | $75–$150 |
| Attorney fees | $1,500–$5,000 |
| Lost rent during process | $2,000–$8,000 |
| Sheriff lockout | $150–$300 |
| Unit turnover / repairs | $500–$3,000 |
| Total | $4,000–$11,000+ |
No-fault evictions add more. If your reason is no-fault (owner move-in, Ellis Act, remodel), add relocation assistance — one month’s rent under AB 1482, or up to $22,800 in Los Angeles.
Eviction Timeline
How long each phase takes, from notice to lockout. Every missed deadline resets that phase.
| Phase | Duration |
|---|---|
| Serve notice | 3–60 days |
| Wait for compliance / expiry | 3–60 days |
| File UD + serve summons | 5–10 days |
| Tenant response period | 5 days |
| Trial | 20–45 days |
| Writ + sheriff lockout | 5–15 days |
| Total (uncontested) | ~35 days |
| Total (contested) | 90–231 days |
Visual timeline: See our California Eviction Timeline for a detailed step-by-step breakdown with what can go wrong at each phase.
Cash for Keys: The Cheaper Alternative
Before going through the full eviction process, consider cash for keys. You pay the tenant to leave voluntarily. It sounds counterintuitive, but the math usually favors it.
Cash for Keys
- Cost: $500–$2,000
- Timeline: 7–14 days
- Predictable outcome
- No court record
- Property typically left in better condition
Full Eviction
- Cost: $4,000–$11,000+
- Timeline: 35–231 days
- Unpredictable if contested
- Public court record
- Risk of property damage
How to Do Cash for Keys Right
- Put the agreement in writing — specify the move-out date, payment amount, and condition of the unit
- Include a release of claims — both parties waive future legal action related to the tenancy
- Pay only after keys are returned and you have verified the unit is vacated
- Do a walkthrough together — document the condition with photos before and after
- Get the agreement notarized if possible, though not legally required
5 Mistakes That Kill Eviction Cases
1. Accepting Rent After Serving Notice
Courts interpret this as waiving the notice. Even a partial payment can reset your timeline. If a tenant tries to pay after you have served notice, refuse the payment and document the attempt.
2. Using the Wrong Notice Type
A 30-day notice when a 60-day notice is required. A pay-or-quit when the issue is a lease violation. Wrong notice = case dismissed. You cannot fix it — you must start over with the correct notice.
3. Improper Service of Notice
California requires specific service methods: personal delivery, substituted service (leave with someone + mail), or post-and-mail (last resort). Texting or emailing a notice is not valid service.
4. Self-Help Eviction
Changing locks, removing doors, shutting off utilities, or removing tenant belongings. All illegal in California. Penalties: actual damages, $100/day, and attorney’s fees. Many landlords end up paying the tenant.
5. Not Documenting Everything
No photos, no written records, no dates. In court, it becomes your word against theirs. Document every interaction: dates, times, photos, written communications, witness statements. Courts rely on evidence, not verbal testimony.
Frequently Asked Questions
How long does eviction take in California?
An uncontested eviction (tenant does not respond) can be completed in approximately 35 days from serving the initial notice. A contested eviction where the tenant files an answer, requests a jury trial, or obtains continuances can take 90–231 days or longer. The notice period alone ranges from 3 to 60 days depending on the reason for eviction.
Can I evict a tenant without a lawyer?
Yes, you can represent yourself in an unlawful detainer case. However, California eviction law is highly technical — notice defects, procedural errors, and missed deadlines are the most common reasons cases are dismissed. If the tenant has a lawyer (many legal aid organizations represent tenants for free), the imbalance can be significant. For contested cases, attorney representation typically pays for itself by avoiding costly mistakes and delays.
What if the tenant doesn’t respond to the unlawful detainer?
If the tenant does not file an answer within 5 days of being served the summons, you can request a default judgment from the court. The clerk enters judgment for possession, and you can immediately request a writ of possession. The sheriff then posts a 5-day notice to vacate. This is the fastest resolution — total time from filing can be as short as 2–3 weeks.
Related Resources
Eviction Notice Templates
Free copy-paste notice templates with correct statutory language for every notice type.
Get templates →Eviction Timeline
Visual step-by-step timeline showing how long each phase takes and what delays cases.
See timeline →Just Cause Eviction Guide
All 10 legal grounds for eviction under AB 1482, with notice requirements and exemptions.
Read the guide →AB 1482 Hub
Complete guide to California’s Tenant Protection Act — rent caps, just cause, and exemptions.
Learn more →Eviction FAQ
Answers to the most common questions about evicting a tenant in California.
See FAQ →CA Landlord Checklist
Every compliance requirement California landlords must meet in 2026.
Read checklist →AB 1482 Notice Templates
Rent cap and just cause notice templates with correct statutory language.
Get templates →Compliance Engine
Check your property’s compliance status instantly — free, no account required.
Check now →Written by Rachid Abadli
Sacramento-based landlord and founder of LeaseBase
This guide covers the California eviction process under CCP §1161–1179a, Civil Code §1946.1–1946.2 (AB 1482), and current case law. Sources verified against the California Legislative Information database and Judicial Council forms.
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This guide is for informational purposes only and does not constitute legal advice. Eviction laws and procedures vary by county and city, and some jurisdictions impose additional requirements beyond state law. Consult a qualified California real estate attorney for guidance on your specific situation.