California eviction law

Before filing an eviction for unpaid rent, serve a written notice giving the tenant three days, not counting Saturdays, Sundays and other judicial holidays, to pay or give up possession. The notice must state the amount due and the name, telephone number and address of the person to pay, and, if payment may be made in person, the usual days and hours that person is available, or instead the bank account details or an electronic funds transfer procedure already set up.

Cal. Code Civ. Proc. § 1161(2)

• Serve it by personal delivery; or, if the tenant is away from home and work, by leaving a copy with a person of suitable age there and mailing a copy; or, if neither place works, by posting it in a conspicuous place on the property, giving a copy to a resident if one can be found, and mailing a copy. Cal. Code Civ. Proc. § 1162(a)
• The notice may be served any time within one year after the rent became due. Cal. Code Civ. Proc. § 1161(2)
• For a tenancy covered by the statewide just cause rule, default in rent is an at-fault just cause. Cal. Civ. Code § 1946.2(b)(1)(A) See Just cause to end a tenancy on the California page
• You may not charge the tenant a fee for serving, posting or delivering a three-day notice. Cal. Code Civ. Proc. § 1161(6)

For a breach of a lease term other than rent, serve a written notice giving the tenant three days, not counting Saturdays, Sundays and other judicial holidays, to perform the term or give up possession. If the tenant performs within that time, the lease continues.

Cal. Code Civ. Proc. § 1161(3)

• A tenant who assigns or sublets against the lease, commits waste, maintains a nuisance or uses the premises for an unlawful purpose may be served a three-day notice to quit with no chance to cure. Cal. Code Civ. Proc. § 1161(4)
• For a tenancy covered by the statewide just cause rule, a curable violation first needs a notice with the chance to cure; only if it is not cured may a three-day notice to quit follow. Cal. Civ. Code § 1946.2(c) See Just cause to end a tenancy on the California page

Eviction is a court case called unlawful detainer. After the right notice expires, you file a complaint; a tenant served with the summons has 10 days, not counting Saturdays, Sundays and other judicial holidays, to respond.

Cal. Code Civ. Proc. § 1167(a)

• You may not remove a tenant yourself; only a lawful eviction by the proper authorities can do that. Cal. Civ. Code § 789.3(b) See Lockouts and utility shutoffs on the California page
• For a covered tenancy, a termination notice that does not comply with the statewide just cause rule is void. Cal. Civ. Code § 1946.2(g) See Just cause to end a tenancy on the California page
• After the notice deadline passes without compliance, use the superior court for the county where the home is located and the courthouse that handles eviction cases. Gather the lease and amendments, notice, proof of notice delivery and supporting records. California Courts' filing guide identifies the summons, complaint and civil cover sheet; check the court's current packet for any additional forms. The court guide gives a usual filing-fee range of $240 to $450, depending on the claim; confirm the local fee and ask about a fee waiver if needed. California Courts, prepare the eviction filing California Courts, file the summons and complaint
• Serving the court summons and complaint is a separate step from serving the tenancy notice. A server must be at least 18 and not a party to the case; the landlord cannot serve these court papers personally. Each tenant must be served, and the server completes a Proof of Service of Summons (POS-010) for filing. Follow the court's rules for attempted personal service and any substituted service. Posting and mailing court papers requires the judge's permission; do not treat the tenancy-notice posting rule as permission to post a summons. California Courts, serve the summons and complaint
• The response clock depends on completed service. California Courts describes ten court days for personal service; through Safe at Home, fifteen court days; and for substituted service or permitted posting and mailing, ten calendar days for service to become complete followed by ten court days to respond. Check the actual method, completion date and court holidays before requesting a default. Section 1167 separately adds five court days for service through the Secretary of State's address-confidentiality program. California Courts, after service Cal. Code Civ. Proc. § 1167(a) to (c)
• If the tenant files an Answer, request a trial date using the court's current instructions for UD-150; filing the complaint does not by itself set the trial date. If there is no timely response, ask the court about a default judgment. A motion challenging service or the complaint needs legal guidance. Section 1170.5 generally requires trial within twenty days after the request to set trial, subject to its permitted extensions and criminal-case priority; use the court's actual notice rather than assuming a fixed hearing date. California Courts, response and trial request Cal. Code Civ. Proc. § 1170.5
• Checked October 13, 2026: after a possession judgment that can be enforced, have the court issue the writ and follow the sheriff's instructions for delivering it. California Courts explains that the sheriff's Notice to Vacate gives the tenant five days to move; the sheriff handles removal if the tenant remains after that deadline. A tenant may seek a stay or other court relief, so do not treat the judgment date as an automatic private lockout date or assume a fixed completion time. Confirm the current order and sheriff process with the court or legal counsel. California Courts, after the eviction trial decision Cal. Code Civ. Proc. § 1174(c), (d)

You may not, with intent to force a tenant out, willfully cut off or interrupt any utility service, change the locks or otherwise block access, remove outside doors or windows, or remove the tenant's property without written consent except under the abandoned property procedure.

Cal. Civ. Code § 789.3(a), (b)

• A landlord who does so owes the tenant actual damages plus up to $100 for each day or part of a day of violation, never less than $250 for each separate cause of action, and the prevailing party recovers reasonable attorney's fees. Cal. Civ. Code § 789.3(c), (d)
• You may not use threats, force or the other conduct the section lists to influence a tenant to leave. Cal. Civ. Code § 1940.2(a)

When personal property remains after a tenancy has ended and the tenant has left, give written notice to the tenant and to anyone you reasonably believe owns it, describing the property and where and by when it can be claimed. The claim date must be at least 15 days after the notice is personally delivered, or 18 days after it is mailed.

Cal. Civ. Code § 1983(a), (b) Cal. Civ. Code § 1984(a)

• Unclaimed property must be sold at public sale after published notice, unless you reasonably believe it is worth less than $700 in total, in which case you may keep or dispose of it. Cal. Civ. Code § 1988(a), (b)
• If rent has been unpaid for at least 14 consecutive days and you reasonably believe the tenant has left, you may give a written notice of belief of abandonment; the lease ends on the date it states, at least 15 days after personal service or 18 days after mailing, unless the tenant first answers in writing or pays any of the unpaid rent between 14 days before the notice and that date. Cal. Civ. Code § 1951.3(b), (c), (f)
• Checked October 13, 2026: property left after a court eviction follows the separate post-judgment procedure in Code of Civil Procedure section 1174. Keep it in a place of safekeeping; the tenant's claim deadline is stated in the writ, while notice to another reasonably believed owner follows section 1983, subject to the section's exceptions. Section 1174 has separate rules for apparently lost property, release and unclaimed-property disposal, including cross-references to Civil Code sections 1965, 1988 and 1990. Do not reverse the ordinary 15-day personal-delivery and 18-day mailing periods or assume all belongings can immediately be discarded. Confirm the applicable procedure and costs before release or disposal. Cal. Code Civ. Proc. § 1174(e) to (i) Cal. Civ. Code § 1983(b)

If a tenant who is not behind on rent has in good faith given a repair notice, reported a suspected bed bug infestation, complained to you about habitability, or complained to a government agency, you may not recover possession, force the tenant out, raise the rent or cut services within 180 days because of it.

Cal. Civ. Code § 1942.5(a)

• It is also unlawful to raise rent, cut services, force a tenant out, sue for possession, or threaten any of these, to retaliate for joining a tenants' organization or lawfully exercising any legal right. Cal. Civ. Code § 1942.5(d)
• A landlord who retaliates owes actual damages, and punitive damages of $100 to $2,000 for each retaliatory act involving fraud, oppression or malice. Cal. Civ. Code § 1942.5(h)