California is one of the slowest and most technical eviction states. Even an uncontested nonpayment case typically takes 6 to 10 weeks; contested cases in busy counties like Los Angeles often run three to five months. The process is unforgiving of paperwork errors — most landlord losses happen because of a defective notice, not the underlying facts.
Step 1: Serve the 3-day notice to pay rent or quit
Under Code Civ. Proc. § 1161(2), the tenant gets 3 days — excluding Saturdays, Sundays, and judicial holidays — to pay the demanded rent or vacate. Key technical requirements that trip up landlords:
- The notice may demand only rent — no late fees, utilities, or interest. Including them can void the notice.
- The amount must cover no more than the past 12 months of rent.
- It must state the name, phone number, and address of the person to pay, and the days/hours payment can be made.
- Service must follow § 1162: personal delivery, substituted service plus mailing, or post-and-mail. Each method has its own rules.
The California drafting workspace can prepare a planning draft and proof-of-service record. Compare it with the statutory notice requirements and any local form before service.
Step 2: Check just-cause and local ordinance coverage
Before filing, confirm what rules cover the unit. AB 1482 (statewide just-cause and rent cap) applies to most multifamily units older than 15 years. Cities like Los Angeles, San Francisco, Oakland, and San Diego layer on their own eviction protections, and some require extra notices or relocation payments. Nonpayment is a valid just cause everywhere, but local procedure still matters.
Step 3: File the unlawful detainer (week 2–3)
Once the notice expires, you file an unlawful detainer complaint in superior court (filing fee roughly $240–$450 depending on the amount demanded). The summons and complaint must be formally served on the tenant — typically by a registered process server.
Step 4: The tenant's response window (10 court days)
Since 2025, tenants have 10 court days (weekends and holidays excluded) to file a response — double the old 5-day window. If the tenant doesn't respond, you request a default judgment. If they file an answer, either side can request trial, which must generally be set within 20 days of the request.
Step 5: Trial and judgment (week 5–10)
Most UD trials are short bench trials. Bring the lease, rent ledger, the notice, and proof of service. Tenants commonly raise habitability defenses (repairs, mold, pests) — solid documentation of maintenance requests and responses is your best protection.
Step 6: Sheriff lockout (1–3 weeks after judgment)
After judgment, the court issues a writ of possession to the county sheriff. The sheriff posts a 5-day notice to vacate on the door, then returns to perform the lockout. Sheriff queues vary — a few days in small counties, two weeks or more in Los Angeles. Only the sheriff can remove the tenant; self-help lockouts carry statutory penalties.
California eviction timeline at a glance
| Stage | Time |
|---|---|
| 3-day notice (business days) | 3–5 calendar days |
| Filing + serving the UD | 1–2 weeks |
| Tenant response window | 10 court days (~2 weeks) |
| Default or trial | 1–4 weeks |
| Writ + sheriff lockout | 1–3 weeks |
| Typical total | 6–14 weeks |
California pre-filing review: four questions to answer in writing
- What is the legal basis? Keep the rent ledger, lease, payment history, and a record of every charge. A 3-day nonpayment notice calls for rent, not a mixed list of disputed fees.
- Which local rules apply? Identify the city and county before service. A local rent-control or just-cause rule may require a registration, disclosure, additional notice, or a different procedure.
- How was the notice served? Record the method under Code of Civil Procedure § 1162, date, time, address, recipient or posting details, and any later mailing. Retain the original proof rather than recreating it from memory.
- Which court calendar applies? The three-day nonpayment period excludes Saturdays, Sundays, and judicial holidays. Court days used after filing are a separate calculation; do not assume one counter answers both questions.
Primary sources for this timeline
- California Code of Civil Procedure § 1161 — unlawful detainer notice requirements ↗
- California Code of Civil Procedure § 1162 — service of notice ↗
- California Courts Self-Help — eviction for landlords ↗
- California Civil Code § 1946.1 — termination of periodic tenancies ↗
Research note: This guide describes a general nonpayment timeline and is not a local filing checklist. California procedure changes frequently, and local ordinances, protected tenancies, subsidized housing, rental assistance, and a tenant’s defenses can alter the required documents and timing.