Eviction Timeline

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Before filing an eviction lawsuit, the landlord must give the tenant a written notice. Common California eviction notices include:

• 3‑Day Notice to Pay Rent or Quit – Used when the tenant has not paid rent.
• 3‑Day Notice to Perform Covenants or Quit – Used for fixable lease violations.
• 3‑Day Notice to Quit – Used for serious or non‑curable violations.
• 30‑Day or 60‑Day Notice to Terminate Tenancy – Used for no‑fault or end‑of‑tenancy situations.

The notice must be properly served (personal, substituted, or posted & mailed). Defective service or incorrect notice wording is a common defense in California unlawful detainer cases.

If the tenant does not comply with the notice, the landlord may file an Unlawful Detainer Complaint in the appropriate California Superior Court. The filing must include:

• Summons (SUM‑130)
• Complaint (UD‑100)
• Civil Case Cover Sheet (CM‑010)

Once filed, the landlord must have the tenant legally served with the lawsuit.

After service of the Summons and Complaint, the tenant generally has:

• 5 court days to file an Answer (UD‑105) or other responsive pleading.

If the tenant does not respond within this time, the landlord may seek a default judgment.

The tenant may raise defenses such as:

• Improper notice
• Improper service
• Habitability issues
• Rent payment disputes
• Retaliatory or discriminatory eviction

If the tenant does not file an Answer in time, the landlord may request:

• Clerk’s default judgment for possession, or
• Court judgment, depending on the case.

Once entered, the landlord can request a Writ of Possession.

If the tenant files an Answer, the lawsuit moves forward. Key litigation steps include:

• Requesting a Trial Date – Either party may file a Request to Set Case for Trial (UD‑150).
• Discovery – Allowed but on a shortened timeline.
• Trial – Unlawful detainer trials are typically set within 20 days of the request.

Trials are usually fast‑paced and focused on possession issues rather than monetary damages.

After trial, the judge will issue a judgment for possession (and sometimes money). If the landlord wins, the court issues a Judgment for Possession that allows the landlord to recover the property.

If the tenant wins, the case is dismissed, and the tenant remains in possession.

If the landlord wins, they can request a Writ of Possession, which authorizes the sheriff to carry out the eviction. The sheriff will:

1. Post a 5‑day Notice to Vacate on the property.
2. Return after the notice period to remove the tenant if they have not left.

The sheriff performs the physical eviction by removing anyone still inside and returning possession to the landlord. The landlord may then

• Change the locks
• Inspect the property
• Begin the security‑deposit and turnover process