Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 3 Days | Yes |
| End of Lease or No Lease | 30/60 Days | No |
| Lease Violations | 3 Days | Yes |
| Illegal Activity or Repeat Violations | 3 Days | No |
Even when there are legal grounds to evict, proper notice must first be given before ending the tenancy.
In California, a landlord can evict a tenant for not paying rent on time. The landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out. [1]
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in California the day immediately after its due date. California landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on March 1st, it will be considered late starting on March 2nd, unless the lease specifically states there is a grace period.
In California, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). For tenants with no lease or a lease of less than 1 year, the landlord serves a 30-day notice. For tenancies of 1 year or more, the landlord serves a 60-day notice. [2]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In California, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under California landlord-tenant law. Landlords must first serve the tenant a 3 days’ notice to perform covenants or vacate, which gives the tenant a chance to fix the issue or move out. [3]
Lease violations include:
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In California, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must first serve the tenant a 3 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out within the 3-day period. [5]
In California, illegal activity includes: [6] [7] [8] [9]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In California, there are a few different types of eviction actions that are illegal. If proven in court, the landlord could be liable for actual damages sustained, punitive damages in an amount not less than $100 or no more than $2,000 for each retaliatory act, and reasonable attorneys’ fees. [10]
A landlord is not allowed to attempt to forcibly remove a tenant by:
A tenant can only be legally removed with a court order obtained through the formal eviction process.
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right.
These rights include:
As of 2024, California has overhauled the way local governments may regulate evictions. No l ocal government may encourage or require: [24]
Steps of the eviction process in California:
A landlord can begin the eviction process in California by serving the tenant with written notice. California landlords may deliver an initial written eviction notice through any of the following methods: [22]
California considers service by mail to take place five (5) calendar days after mailing. [23]
Many California properties may be federally entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or other fees. This minimum applies to any residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired. [25]
In California, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or vacate the premises.
For a tenant with no lease or a month-to-month lease in California who has resided at the property for less than 1 year, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
For tenants that don’t pay rent monthly, the amount of notice does not change since the notice period is based on the length of tenancy.
For a tenant with a month-to-month lease in California who has resided at the property for 1 year or more, the landlord can serve them a 60-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 60 days to move out.
For tenants that don’t pay rent monthly, the amount of notice does not change since the notice period is based on the length of tenancy.
In California, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 3-Day Notice To Perform Covenants or Vacate. This eviction notice gives the tenant 3 days to fix the issue or move out.
In California, if a tenant commits illegal activity on the premises, the landlord can serve them a 3-Day Notice To Vacate. This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.
If the notice period ends and the tenant remains on the property, the next step in the eviction process allows the landlord to file a complaint and summons with the Superior Court. The proper jurisdiction will be in the county in which the property is located.
The complaint should include the following information:
Additionally, if applicable, the following documents should be attached to the complaint for the court’s records:
Some courts in California have additional local forms to complete, so check with the court clerk’s office for any additional requirements.
The summons and complaint can be served on the tenant by anyone who is at least 18 years old and not part of the case such as the sheriff. The landlord must have the tenant served within 60 days of filing the complaint, or the case could be dismissed by the court. [12] The individual who serves the tenant must complete a Proof of Service of Summons form which must be filed with the Court Clerk.
The summons and complaint may be served by one of the following methods:
If the summons and complaint are left with someone other than the tenant, or posted on the rental property, then a copy must also be mailed to the tenant for service to be considered “complete.”
Upon the landlord filing, the court will provide notice to the tenant within 60 days.
In California, tenants are not required to file a formal, written answer to an eviction complaint. If the tenant chooses to fight and challenge the eviction, the process can take much longer and can include a number of additional steps (i.e., the judge might order for both parties to appear at a hearing).
The answer must be filed within 5 days and an 10 days are given for delivery by mail. [16] [17]
If the tenant fails to respond, a landlord may ask for a default judgment and request for immediate order of possession without needing to go to a court hearing.
If the tenant does respond, the landlord must file a request for a hearing, asking the court to set a hearing date for the eviction. To challenge the eviction, the tenant should be prepared to write down the reasons why he or she shouldn’t be forced to move out. The answers should be given both the Court Clerk and the landlord.
Both the default judgment and the order of possession bypass the hearing; therefore, the tenant will not have the opportunity to present their case for why they should be allowed to remain in the rental unit.
A tenant will have between 5-15 days to file an answer, depending how the tenant was served with the summons and complaint.
Once the landlord files a request for hearing, the eviction hearing will be scheduled within 20 days of the date the request was filed. [18]
To prepare for the hearing the landlord and tenant should bring the following:
Regardless if the eviction was contested or not, if the judge rules in favor of the landlord, a writ of execution will be subsequently issued and the process will proceed.
In California, filing an appeal will not stop the eviction. The only way a tenant can stop an eviction is to request a stay of execution after receiving the writ of execution in accordance with Step 6 below.
The hearing will be scheduled for a date within 20 days of the date the request for hearing that was filed by the landlord.
The writ of execution is the tenant’s final notice to leave the premises and allows the tenant the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant. The filing fee is around $40 to issue a writ of execution.
The landlord must request the writ of execution, but it can be issued the same day as the hearing.
Tenants have 5 days to move out once they have been served with a copy of the writ of execution. If a tenant does not move out within that period, the sheriff will return and forcibly remove them. [19]
It’s possible for tenants to request a stay of execution, which would delay the eviction for an additional 40 days. If granted by the court, this will only put off the eviction, not prevent it, and the tenant will still need to move out after the 40 days has ended.
The tenant has 5 days to move out of the rental unit after being served with the writ of execution. This process can be delayed by up to 40 additional days if a stay is requested.
In California, an eviction can be completed in 5 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the California eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-90 Calendar Days |
| Court Issuing/Serving Summons | 60 Business Days |
| Tenant Response Period | 5-15 Business Days |
| Court Ruling | ~20 Business Days |
| Court Serving Writ of Possession | 1-3 Business Days |
| Final Notice Period | 5-40 Calendar Days |
The average cost of an eviction in California for all filing, court, and service fees is $450. However, the cost varies heavily on the amount of the eviction claim. Eviction lawsuits can be filed in Superior Court where the dwelling unit is located.
| Fee | Superior |
| Initial Court Filing | $240+ |
| Summons Service | ~$40+ |
| Answer Filing | $225+ |
| Writ of Execution Issuance | $25 |
| Writ of Execution Enforcement | ~$145 |
| Notice of Appeal (Optional) | $225 |
(2)…after default in the payment of rent…and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment …or possession of the property, shall have been served upon him or her…
(b) An owner of a residential dwelling…shall give notice at least 60 days prior to the proposed date of termination. (c) Notwithstanding subdivision (b), an owner of a residential dwelling…shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.
(3)…after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held…and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him or her…
(a)…a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy…shall be given 90 days’ written notice to quit…(b)…tenants or subtenants…under a fixed-term residential lease…shall survive foreclosure, except that the tenancy may be terminated upon 90 days’ written notice to quit…
4…committing waste…or maintaining, committing, or permitting the maintenance or commission of a nuisance…or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord…shall upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter.
4…a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code…shall be deemed to have committed a nuisance upon the premises.
c)…the illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, or giving away of any of the following:
(1) A firearm…(2)…ammunition…(3) Any assault weapon…(4) Any .50 BMG rifle…(5) Any tear gas weapon…
(c)…the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving, cocaine, phencyclidine, heroin, methamphetamine, or any other controlled substance…
Any building or property used for the purpose of willfully conducting dogfighting in violation of Section 597.5 of the Penal Code or cockfighting in violation of subdivision (b) of Section 597b of the Penal Code is a public nuisance.
(h) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(i) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action.
(j) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1) …has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor…(2) …filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition…(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.
A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served.
b) If a copy…cannot…be personally delivered…a summons may be served by leaving a copy at the person’s…usual place of abode, usual place of business…in the presence of a competent member of the household or a person apparently in charge of his or her…place of business…and by mailing a copy of the summons and of the complaint by first-class mail…
a) A summons…may be served by posting if…it appears to the satisfaction of the court…that the party to be served cannot with reasonable diligence be served in any manner specified in this article…(b) The court shall order…that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at his last known address.
(a)…the defendant’s response shall be filed within five days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon him or her.
(b)…Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made. Judgment shall be entered thereon and, if the plaintiff prevails, a writ of execution shall be issued immediately by the court upon the request of the plaintiff.
2)…if the real property is not vacated within five days from the date of service of a copy of the writ on the occupant or…within five days from the date a copy of the writ is served on the judgment debtor, the levying officer will remove the occupants from the real property and place the judgment creditor in possession.
For residential tenants and mobile home space renters who utilized the County’s non-payment of rent protections between July 1, 2022 and March 31, 2023:
What Should Tenants Do If They Are Unable to Pay Rent Through March 31, 2023?
If qualifying tenants are unable to pay rent, they must notify their landlord within seven (7) days of the rent being due, unless extenuating circumstances exist.
Who Qualifies for Nonpayment of Rent Protections?
Residential tenants and mobile home space renters with household incomes at or below 80% of the Area Median Income (AMI) are protected for nonpayment of rent due to a COVID-19 financial hardship for rent owed between July 1, 2022 and March 31, 2023.
In addition to the AMI threshold, residential tenants and mobile home space renters must have experienced a substantial loss of monthly household income of at least 10% and/or have increased unreimbursed monthly household costs of more than 7.5% in order to be protected against eviction for non-payment of rent between July 1, 2022 and March 31, 2023. Tenants who fulfill the requirements under the Resolution may have an affirmative defense to an Unlawful Detainer (eviction) action.
For residential tenants and mobile home space renters with unauthorized occupants or pets due to COVID-19 who began residing in the unit between March 1, 2020 and January 20, 2023:
Starting April 1, 2023, landlords are required to serve tenants with a written 30-Day Notice prior to filing an eviction based for the presence of unauthorized occupants or pets.
The notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.
Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205 ) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a , or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.
(a) For the purposes of this section:(1) “Law enforcement agency” means a department or agency of the United States, state, local government, or other political subdivision thereof, authorized by law or regulation to engage in or supervise the prevention, detection, investigation, or prosecution of a violation of criminal or civil law, including, but not limited to, the United States Immigration and Customs Enforcement and the State Department of Social Services. (2) “Local government” has the same definition as that term is defined in Section 82041 . (3) “Penalty” means the following:
(A) An actual or threatened assessment of fees, fines, or penalties. (B) An actual or threatened eviction, termination of a tenancy, or the actual or threatened failure to renew a tenancy. (C) An actual or threatened denial of a housing subsidy. (D) An actual or threatened revocation, suspension, or nonrenewal of a certificate of occupancy or a rental certificate, license, or permit. (E) A designation or threatened closure of a property or designation as a nuisance property or as a perpetrator of criminal activity under local law, or imposition or threatened imposition of a similar designation. (F) An actual or threatened nuisance action. (4) “Program” means a voluntary or mandatory initiative operated or endorsed by a local government or a law enforcement agency. (5) “Tenancy” has the same meaning as in paragraph (3) of subdivision (i) of Section 1946.2 of the Civil Code. (b) A local government shall not promulgate, enforce, or implement an ordinance, rule, policy, program, or regulation effecting a tenancy that does any of the following:
(1) Imposes or threatens to impose a penalty against a resident, owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency. (2) Requires or encourages a landlord to do, or imposes a penalty on a landlord for the failure to do, any of the following:
(A) Evict or penalize a tenant because of the tenant’s association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction. (B) Evict or penalize a tenant because of the tenant’s alleged unlawful conduct or arrest. (C) Include a provision in a lease or rental agreement that provides a ground for eviction not provided by, or that is in conflict with, state or federal law. (D) Perform a criminal background check of a tenant or a prospective tenant. (3) Defines as a nuisance, contact with a law enforcement agency, request for emergency assistance, or an act or omission that does not constitute a nuisance pursuant to Part 3 (commencing with Section 3479 ) of Division 4 of the Civil Code. (4) Requires a tenant to obtain a certificate of occupancy as a condition of tenancy. (5) Establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the local government’s jurisdiction. (c)
(1) This section preempts a local ordinance, rule, policy, program, or regulation, or any provision thereof, that is inconsistent with this section, irrespective of the effective date of the ordinance, rule, policy, program, or regulation. A local ordinance, rule, policy, program, or regulation that is inconsistent with this section is void as a matter of public policy and shall not serve as a basis of eviction. (2) This section does not prohibit a local government from promulgating, enforcing, or implementing an ordinance, rule, policy, program, or regulation that is otherwise consistent with state law.
Properties and tenancies that are covered under the CARES ACT must be provided 30 days’ notice to vacate for non-payment of rent.
Caution: There is not yet any statewide judicial guidance in California regarding the CARES Act requirements. As noted above, the City of Alameda officially states a 30-day notice is required for nonpayment of rent or other fees. An Alameda court case from June 2024 confirms this. While not an official resource, California Association of Realtors guidance from May 2023 agrees that the law appears to require a 30-day notice to evict for nonpayment of rent or other fees, in properties covered by the CARES Act.
Can a landlord evict you immediately in California? Can a landlord evict you immediately in California?Yes, if a fixed term lease expires, you can be evicted immediately if you live in an area that is not rent-controlled. Otherwise, landlords must give tenants at least 3 days’ notice prior to moving forward with an eviction. Read more » Can you evict a tenant without a lease in California? Can you evict a tenant without a lease in California?Yes, you may evict a tenant without a lease in California; however, you may be required to follow the legal eviction procedures and go through the courts in order to remove the tenant. You may also need to provide written notice to the tenant prior to beginning the eviction process. Read more » Can you kick someone out of your house in California? Can you kick someone out of your house in California?You may be able to kick someone out of your house in California, but if that person paid you rent, or performed any services around the home in lieu of rent, you may be required to follow the legal eviction procedures for California, including providing written notice. Read more » Can a landlord evict someone for no reason in California? Can a landlord evict someone for no reason in California?A California landlord cannot evict tenants for no reason if the rental unit is in a rent-controlled city. If the rental unit is located anywhere else in California, then a landlord could evict someone without giving a reason if the lease has expired and the landlord doesn’t want to renew. Read more »
