🏛️ Courthouse Information and Locations for California
California Eviction Laws: Notice Requirements, Process, and Timelines
California is widely considered one of the most tenant-friendly states in the country, with eviction cases handled through Superior Court. Landlords must provide a 3-day notice for nonpayment of rent and a 3-day notice for lease violations, but extensive tenant protections—including just cause eviction requirements, rent control in many cities, and mandatory relocation assistance—make the process significantly more complex than most states. Understanding California’s layered regulations is essential to avoid costly mistakes. Below you’ll find the key details every California landlord needs to know.
California Eviction Laws
Comprehensive guide to California's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Superior Court (Unlawful Detainer).
⚡ Quick Overview
💰 Nonpayment of Rent
AB 1482 (Tenant Protection Act) requires just cause for evictions of tenants in place 12+ months. 3-day notice can only include rent - no late fees, utilities, or other charges. AB 2347 (eff. Jan 2025/2026) doubled tenant response time from 5 to 10 business days. Notice excludes weekends and court holidays.
📋 Lease Violation
Notice must clearly specify the violation and what tenant must do to cure. Uncurable violations (nuisance, illegal activity, subletting, waste) get 3-Day Unconditional Quit. AB 1482 just-cause rules still apply for tenants 12+ months.
📬 Service of Process
Must be served by someone over 18 not party to the case. Landlord cannot serve personally. Strict requirements on notice content - must include payee name, address, phone, and payment methods.
🏛️ Court & Legal Information
Extreme court backlogs in LA, SF, and other major counties. Tenant response period now 10 business days. Jury trials can add months. COVID-era backlogs still affecting some courts.
⚖️ Appeals & Post-Judgment
Sheriff/Marshal posts 5-day notice to vacate, then returns to execute. Landlord changes locks only after sheriff completes.
📦 Tenant Property & Abandonment
Landlord must send written Notice of Right to Reclaim Abandoned Property. Items valued over $700 must be sold at public auction. Items under $700 may be kept or disposed.
🏦 Security Deposits
Must return within 21 days with itemized statement. AB 12 (eff. 2025) lowered max deposit to 1 month for most landlords. Landlords with 1-2 properties may still charge 2 months.
💵 Late Fees
Late fees cannot be included in 3-day notice. Must be separately collected. Courts scrutinize excessively high late fees.
🛡️ Tenant Protections
AB 1482 statewide rent cap (5% + CPI, max 10%). Many cities have additional local rent control: SF, LA, Oakland, San Jose, Berkeley, Santa Monica, West Hollywood, etc.
🏙️ Local Overrides & City-Specific Rules
Many cities have just-cause eviction ordinances, relocation assistance requirements, and rent boards. Check local ordinance before proceeding.
Underground Landlord📝 California Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Superior Court (Unlawful Detainer). Pay the filing fee (~$385-435).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for California
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
California Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: This article provides general information for educational purposes only and is not legal advice. California eviction law is extremely complex, with state laws, local ordinances, and rent control regulations that vary significantly by city. Consult a qualified California landlord-tenant attorney for guidance on your specific situation.
Overview: How Evictions Work in California
California evictions are handled through a legal process called an “unlawful detainer” action, filed in Superior Court. What makes California unique—and challenging for landlords—is the extensive web of tenant protections layered on top of basic eviction procedures. The California Tenant Protection Act of 2019 (AB 1482) fundamentally changed how landlords can remove tenants, requiring “just cause” for most evictions and capping rent increases statewide.
California law strictly prohibits self-help evictions. Landlords cannot change locks, shut off utilities, remove doors, or physically remove a tenant’s belongings without a court order. Violations can result in significant penalties, including liability for actual damages up to three times the amount under recent legislation (SB 567). Only after a judge issues a writ of possession can the sheriff lawfully remove a tenant.
Just Cause Eviction Requirements Under AB 1482
For tenants who have occupied a rental unit for 12 months or more, landlords must have a legally valid “just cause” reason to evict. These reasons fall into two categories:
At-Fault Just Cause (tenant did something wrong):
- Failure to pay rent
- Breach of a material term of the lease
- Nuisance or waste that damages the property
- Criminal activity on the premises
- Unauthorized subletting
- Refusal to sign a new lease with similar terms
- Denying the landlord lawful access to the unit
No-Fault Just Cause (not the tenant’s fault):
- Owner or immediate family member intends to occupy the unit
- Withdrawal of the unit from the rental market (Ellis Act)
- Compliance with a government order to vacate
- Intent to demolish or substantially remodel the unit
For no-fault evictions, landlords must typically provide relocation assistance equal to one month’s rent, either as a direct payment or as a rent waiver for the final month.
California Eviction Notice Requirements
The type and length of notice depends on the reason for eviction:
- Nonpayment of rent (3-day notice to pay or quit): The notice must state the exact amount of rent owed—no late fees, interest, or other charges can be included. The tenant has 3 business days (excluding weekends and court holidays) to pay the full amount or vacate.
- Curable lease violations (3-day notice to cure or quit): For violations that can be fixed, such as unauthorized pets or occupants, the notice must describe the violation and give 3 days to correct it.
- Incurable violations (3-day unconditional notice to quit): For serious violations such as illegal activity, nuisance, or significant property damage, no opportunity to cure is required.
- No-fault terminations (30 or 60-day notice): Tenants who have lived in the unit less than one year require 30 days’ notice. Tenants who have lived in the unit one year or more require 60 days’ notice. The notice must state the specific no-fault reason.
All notices must be in writing and properly served—personal delivery, substituted service (to another adult at the premises), or posting and mailing as a last resort.
California Eviction Process Timeline
Step 1 – Serve the proper notice. The landlord delivers the correct written notice based on the reason for eviction and retains proof of service.
Step 2 – File an unlawful detainer complaint. If the tenant does not comply with the notice, the landlord files an unlawful detainer lawsuit in Superior Court. Filing fees range from $240 to $435 depending on the amount claimed. Required documents include the complaint (Form UD-100), summons (Form SUM-130), and a copy of the lease agreement.
Step 3 – Serve the summons and complaint. The tenant must be formally served by a registered process server, sheriff, or neutral adult. The lawsuit must be served within 60 days of filing or the case may be dismissed.
Step 4 – Tenant responds. As of January 1, 2025, under AB 2347, tenants now have 10 business days to file a written response (previously 5 calendar days). If the tenant was served by mail, they get an additional 5 court days. If no answer is filed, the landlord can request a default judgment.
Step 5 – Court hearing or trial. If the tenant responds, the court sets a trial date, which must be within 20 days of the request. Both parties present evidence, and the judge issues a ruling. Tenants can request a jury trial, which extends the timeline significantly.
Step 6 – Writ of possession and sheriff lockout. If the landlord prevails, the court issues a writ of possession. The sheriff then posts a 5-day notice to vacate. If the tenant still does not leave, the sheriff physically removes them and changes the locks.
Local Rent Control and Just Cause Ordinances
Many California cities have their own rent control and just cause eviction ordinances that provide even stronger tenant protections than state law. Major cities with local ordinances include:
- Los Angeles: Rent Stabilization Ordinance (RSO) with strict just cause requirements
- San Francisco: Rent control with 15 specific just cause reasons required
- Oakland: Just cause eviction and rent adjustment program
- San Jose: Tenant Protection Ordinance with relocation assistance requirements
- Berkeley, Santa Monica, West Hollywood, and many others
When local law is more protective than state law, the local ordinance controls. Landlords must comply with both state and local requirements, which often means additional notices, registration requirements, and higher relocation payments.
Tenant Defenses and Common Landlord Mistakes
California tenants have numerous defenses available, and courts closely scrutinize landlord compliance. Common defenses include:
- Improper notice (wrong form, incorrect amounts, defective service)
- Lack of just cause for tenants protected under AB 1482
- Failure to provide required relocation assistance for no-fault evictions
- Retaliation for exercising legal rights (filing complaints, organizing tenants)
- Discrimination based on protected class
- Breach of implied warranty of habitability
- Landlord’s failure to maintain the property
- Acceptance of rent after serving termination notice
Cases are frequently delayed or dismissed due to technical errors in notices or failure to follow proper procedures. Given California’s complexity, many landlords hire attorneys to handle evictions.
California Eviction Landscape (Late 2025–January 2026)
California’s eviction landscape continues to evolve with new legislation. Key recent changes include AB 2347 (effective January 1, 2025), which doubled the tenant response time from 5 to 10 business days, and SB 567, which increased penalties for fraudulent no-fault evictions and self-help evictions.
Post-pandemic, eviction filings have increased but remain subject to intense court scrutiny. High housing costs in major metros like Los Angeles, San Francisco, San Diego, and the Bay Area continue to drive tenant displacement concerns. While emergency rental assistance programs have largely ended, courts and local agencies may still offer mediation services in some jurisdictions.
Best Practices for California Landlords
- Determine if your property is subject to AB 1482 and any local rent control ordinances before taking action.
- Provide the required AB 1482 disclosure notice to all tenants.
- Use the exact notice form and language required by law—generic notices often fail.
- Include only the rent amount owed on 3-day notices—no fees or other charges.
- Keep meticulous records of all rent payments, communications, and lease violations.
- Document the just cause reason thoroughly before serving any notice.
- Budget for relocation assistance if pursuing a no-fault eviction.
- Do not accept any rent after serving a termination notice unless you intend to cancel the eviction.
- Never attempt self-help eviction—the penalties are severe.
- Consider hiring an experienced landlord-tenant attorney given California’s complexity.
Quick Reference: California Eviction Rules
- Nonpayment of rent: 3-day notice to pay or quit (business days)
- Curable lease violations: 3-day notice to cure or quit
- Serious violations: 3-day unconditional notice to quit
- No-fault termination: 30-day notice (under 1 year tenancy) or 60-day notice (1+ year tenancy)
- Tenant response time: 10 business days (as of January 2025)
- Filing fees: $240–$435
- Just cause required: Yes, for tenants in covered units after 12 months
- Relocation assistance: Required for no-fault evictions (typically one month’s rent)
- Removal: Sheriff with writ of possession (5-day notice after writ issued)