Step 1: Serve Eviction Notice

Typically 3 to 60 Days

The landlord must first serve the tenant with a written eviction notice. The type of notice and its duration depend on the reason for eviction:

• 3-Day Notice to Pay Rent or Quit: For unpaid rent.
• 3-Day Notice to Perform Covenants or Quit: For lease violations that can be fixed.
• 3-Day Notice to Quit: For serious lease violations or illegal activity (no opportunity to cure).
• 30/60-Day Notice to Terminate Tenancy: For month-to-month tenancies or when ending a fixed-term lease for specific reasons.

If the tenant complies with the notice within the specified timeframe, the eviction process stops.

Step 2: File Unlawful Detainer Lawsuit

After Notice Period Expires

If the tenant does not comply with the notice, the landlord can file an Unlawful Detainer Complaint and Summons with the appropriate Superior Court. This officially begins the court process. The filing must include all required documentation and follow strict procedural rules.

Step 3: Serve Summons and Complaint

Within 60 Days of Filing

The tenant must be properly served with the Summons and Complaint. This is a critical step, and improper service can delay or invalidate the case. Service must be done by a registered process server or sheriff according to California law.

Step 4: Tenant Responds to Lawsuit

10 Days (as of January 2025)

Upon being served, the tenant has a limited time to file a response (Answer) with the court. As of January 2025, this period has been extended from 5 to 10 calendar days. If the tenant does not respond, the landlord can request a default judgment, which typically results in an immediate win for the landlord.

Step 5: Court Proceedings / Trial

Typically 20-45 Days After Response

If the tenant files an Answer, a trial will be scheduled. Unlawful detainer cases are generally expedited under California law. The judge will hear evidence from both sides and make a ruling. If the tenant does not respond, the landlord can obtain a default judgment without a trial.

Step 6: Obtain Judgment and Writ of Possession

After Court Ruling

If the landlord wins the case (either by trial or default), the court will issue a Judgment for Possession and a Writ of Possession. The Writ of Possession is the critical court order that authorizes the sheriff to remove the tenant and restore possession of the property to the landlord.

Step 7: Sheriff Posts Notice to Vacate

Within Days of Receiving Writ

The landlord delivers the Writ of Possession to the county sheriff’s department. The sheriff will then post a Notice to Vacate on the tenant’s door, typically giving the tenant 5 days to move out voluntarily. This is the tenant’s final opportunity to vacate before the physical lockout occurs.

Step 8: Sheriff Lockout

After Notice to Vacate Expires

If the tenant has not moved out by the date specified in the Notice to Vacate, the sheriff will return to physically remove the tenant and restore possession of the property to the landlord. This is the final step in the eviction process. The sheriff may be accompanied by a locksmith to change the locks and return the keys to the landlord.