Eviction cases in California

How the eviction process works

This is a summary of the steps in a residential eviction case.

1. The landlord gives a Notice

   The landlord gives the tenant a written Notice. It says what the tenant must do and the deadline to do it.

   • For example: fix a problem or move out

   • The deadline can be as short as 3 days or as long as 60 days

2. The landlord starts a court case

   If the tenant does not do what the Notice says by the deadline, the landlord can start a court case.

   • This is called an unlawful detainer case

   • The landlord must have someone serve (deliver) the court papers to the tenant

3. The tenant can file a response

   The tenant has a deadline to respond to the court case.

   • If the tenant does not respond, the landlord can ask the judge to decide the case without the tenant

   • If the tenant does respond, either side can ask for a trial

4. The judge makes a decision

   • If the landlord wins, the judge gives them a paper (called a Writ of Possession) that tells the sheriff to evict the tenant

   • The sheriff posts a Notice to Vacate. This gives the tenant a few days to move out

⚠️ Important: A landlord cannot lock a tenant out, shut off utilities, or throw out their belongings to make them leave. They must go through the court process. If they do not, they may have to pay the tenant a penalty.