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Eviction Process in California

Reviewed by DocDraft Legal Team - California - Last updated November 11, 2026

The eviction process in California is an unlawful detainer case, a summary proceeding filed in the Superior Court of the county where the rental is located. A landlord can file only after the notice deadline has passed, using the Judicial Council complaint form UD-100 (optional) and the summons form SUM-130 (mandatory). The landlord cannot serve the papers personally; another adult who is not part of the case must do it. The tenant then has 10 days, excluding Saturdays, Sundays and judicial holidays, to file a response, and after a judgment for the landlord the levying officer, which the court self-help guide describes as the sheriff, removes occupants who have not left within five days of being served with a copy of the writ.

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How does the eviction process work in California?

California calls an eviction an unlawful detainer case. After the notice deadline passes, the landlord files a complaint and summons in the Superior Court of the county where the rental is located, has the papers served, and waits for the tenant's response. If the landlord wins, the court issues a writ that the levying officer enforces.

How long does a California tenant have to respond to an unlawful detainer?

The tenant must file a response within 10 days after service, excluding Saturdays, Sundays and other judicial holidays, under Code of Civil Procedure 1167(a). A tenant served through the Secretary of State's address confidentiality program gets 5 more court days. If no response is filed, the landlord can apply to the clerk to enter a default.

What happens after a California landlord wins an eviction case?

After judgment the court usually issues the writ on the landlord's request, but in some unpaid-rent cases it may, or must, hold the writ for five days after judgment (CCP 1174(c)). If the property is not vacated within five days from service of a copy of the writ on the occupant, the levying officer removes the occupants.

Can a California landlord change the locks or shut off utilities to evict?

No. Civil Code 789.3 bars a landlord, with intent to terminate the occupancy, from willfully interrupting utilities, changing locks or using a bootlock, removing outside doors or windows, or removing the tenant's property without written consent. A tenant can sue for actual damages plus up to $100 for each day the violation continues.

How California unlawful detainer cases run

California runs evictions as unlawful detainer cases under Code of Civil Procedure 1159 and following, and the timing is set by statute. Since AB 2347 took effect on January 1, 2025, a tenant has 10 days after service to respond, excluding Saturdays, Sundays and other judicial holidays (CCP 1167(a)). If the tenant appears in the action and a trial is requested, it must be held no later than the 20th day after the request to set it (CCP 1170.5(a)). The landlord cannot serve the summons and complaint personally: a server who is 18 or older and not part of the case must deliver them, and posting the papers needs court permission after personal and substituted service fail. After judgment, the writ is enforced by removal if the occupant has not left within five days of being served with a copy (CCP 715.010(b)(2)). Before any of this, the tenant must have received the right eviction notice, such as a 3-day notice to pay rent or quit; the notice to vacate guide covers that step, and the residential lease agreement sets the terms the notice relies on.

Relevant Laws

Code of Civil Procedure 1159 and following (unlawful detainer)

Summary proceedings for obtaining possession of real property; sets the response time, trial timing and judgment rules.

Code of Civil Procedure 715.010 (writ of possession)

The levying officer removes the occupants if the property is not vacated within five days from service of a copy of the writ.

Civil Code 789.3 (lockouts and utility shutoffs)

Bars willful utility interruptions, lock changes and removal of doors, windows or property with intent to terminate the occupancy.

California Courts Self-Help Guide: eviction for landlords

Official Judicial Council steps and forms for landlords filing an eviction case.

Regional Variances

California eviction process rules

Court and action

Unlawful detainer in the Superior Court of the county where the rental is located (CCP 1159 and following).

Filing papers

Complaint UD-100 (optional form) and summons SUM-130 (mandatory form); the complaint must be verified; some courts require local forms.

Who serves and how

An adult 18 or older who is not part of the case; personal service first, then substituted service (complete 10 days after mailing); posting and mailing only with court permission.

Tenant response

Within 10 days after service, excluding Saturdays, Sundays and judicial holidays (CCP 1167(a)); 5 more court days for service through the address confidentiality program.

Trial

If the tenant responds, no later than the 20th day after the request to set the trial (CCP 1170.5(a)); default entered by the clerk on written application if no response (CCP 1169).

Judgment and writ

Writ issued on the landlord's request after judgment (CCP 1170.5(a)); in an unpaid-rent case where the lease has not expired and the notice did not declare a forfeiture, the court may, and for a written lease of more than one year without a forfeiture clause must, hold the writ for five days after judgment (CCP 1174(c)).

Notice before removal

Five days from service of a copy of the writ on the occupant (CCP 715.010(b)(2)).

Appeal and stay

An appeal does not automatically stay the judgment; any stay must require the reasonable monthly rental value to be paid to the court monthly in advance (CCP 1176(a)).

Self-help ban

No willful utility interruption, lock change, bootlock, door or window removal, or property removal with intent to terminate the occupancy; damages plus up to $100 per day of violation (Civ. Code 789.3).

Suggested Compliance Checklist

Serve the correct eviction notice

Before filing days after starting

Prepare and serve the notice the situation requires, such as a 3-day notice to pay rent or quit, and wait until its deadline passes before filing.

Document: eviction-notice

File the unlawful detainer

After the notice deadline days after starting

File the verified complaint (UD-100) and summons (SUM-130) in the Superior Court of the county where the rental is located.

Arrange service by a non-party adult

Right after filing days after starting

Have an adult 18 or older who is not part of the case serve the papers; posting needs court permission first.

Track the 10-day response period

10 days after service, excluding weekends and judicial holidays days after starting

If no response is filed, apply to the clerk for a default; if the tenant responds, request a trial date.

Request the writ after judgment

After judgment (five days later where CCP 1174(c) applies) days after starting

Ask the court for the writ; in some unpaid-rent cases the court holds it for five days after judgment (CCP 1174(c)), and the occupant has five days from service of a copy of the writ before removal.

Frequently Asked Questions

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Other California guides

Adverse Possession in California: The Five Year Clock and the Tax Element

Asset Protection Planning in California (2026)

Civil Harassment Restraining Orders in California: No Violence Required, But the Free Filing Is

Conservatorship in California

Dealing With Debt Collectors in California (2026)

Delinquent Property Taxes in California: Five Years of Default, Then the County Sells the Parcel

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