Evicting a tenant in California is one of the most procedurally complex undertakings in American landlord-tenant law. The state's Tenant Protection Act (AB 1482), combined with robust local ordinances in cities like Los Angeles, San Francisco, and Oakland, means that even technically valid evictions can be derailed by procedural errors as small as an incorrectly dated notice or a missing relocation payment. This guide walks through every stage of a California eviction — from determining just cause through Sheriff enforcement — so you can navigate the process correctly the first time.

Step 1: Determine Whether Just Cause Is Required

Before serving any notice, a landlord must determine whether the unit is covered by AB 1482. As discussed in detail in our California Lease Agreement guide, just cause applies to most multi-unit residential buildings constructed before January 1, 2005 where the tenant has resided for at least 12 months. Single-family homes and condos where the owner has provided a written AB 1482 exemption notice are generally not covered. Owner-occupied duplexes are also exempt.

If the unit is covered by a local rent stabilization ordinance — such as LA's RSO, SF's Rent Ordinance, or Oakland's Just Cause for Eviction Ordinance — then local just cause requirements apply regardless of state law, and may be more protective. Always check local law first. For non-covered units, landlords retain the right to terminate a month-to-month tenancy with proper notice (30 or 60 days) without stating a reason.

Tenant 12-Month Rule: Under AB 1482, just cause protections attach after 12 months of continuous occupancy. However, if a lease was signed with multiple occupants, the protection clock runs from when at least one tenant has occupied the unit for 12 months — even if other tenants rotate.

Step 2: Serve the Correct 3-Day Notice

California Code of Civil Procedure (CCP) §1161 governs the three primary at-fault termination notices. Each has specific requirements that, if not met precisely, can invalidate the entire eviction proceeding.

3-Day Notice to Pay Rent or Quit: Used when a tenant fails to pay rent. The notice must state the exact amount of rent due (not including late fees or utilities unless those are defined as "rent" in the lease), the period covered, and an unambiguous demand that the tenant either pay within three days or vacate. Courts have rejected notices that overstate the rent owed — even by a dollar — so calculate carefully using only the rental amounts specified in the lease.

3-Day Notice to Cure or Quit: Used for non-monetary lease violations (unauthorized pets, subletting, excessive noise, etc.). The notice must specifically describe the violation and give the tenant an opportunity to cure within three days. If the violation is curable and the tenant cures it within the three-day period, the landlord cannot proceed with eviction on that basis.

3-Day Notice to Quit (Unconditional): Used for incurable violations — such as criminal activity, physical waste, or a second violation within six months of a prior written warning. This notice demands that the tenant vacate within three days with no option to cure. Because this notice forecloses any cure right, it should only be used where the underlying conduct clearly qualifies as incurable under the applicable statute or local ordinance.

For no-fault just cause evictions under AB 1482 (owner move-in, substantial remodel, Ellis Act withdrawal), the notice period is generally 60 days, not three days. The notice must state the specific no-fault ground and include information about the tenant's right to relocation assistance.

Step 3: Service of the Notice

Under CCP §1162, a notice must be served on the tenant by one of three methods: (1) personal delivery to the tenant, (2) substituted service — leaving a copy with a person of suitable age and discretion at the property AND mailing a copy to the tenant at the property address, or (3) posting and mailing — posting the notice on the property in a conspicuous place AND mailing a copy, used only when the tenant cannot be found at the property and no person of suitable age is present.

When calculating the three-day period, the day of service does not count. If the third day falls on a weekend or court holiday, the period is extended to the next court day. Landlords should document service carefully — date, time, method, and the name of the person served (if applicable) — in case they need to testify about service in court.

Common Fatal Error: Using posting and mailing when personal service or substituted service was actually possible. Courts scrutinize method-three service carefully. If the tenant can show they were regularly present at the property and you did not attempt personal service, the notice may be found invalid.

Step 4: Filing the Unlawful Detainer Complaint

If the tenant does not comply with the notice (pay, cure, or vacate) within the notice period, the landlord may file an Unlawful Detainer (UD) action in the Superior Court of the county where the property is located. The complaint is filed using Judicial Council Form UD-100 (Complaint — Unlawful Detainer). The filing fee varies by county and the amount of damages sought.

The UD complaint must be accompanied by: a copy of the notice, proof of service of the notice, and the written lease (if any). The plaintiff (landlord) can seek possession of the premises, past-due rent, holdover damages (fair market rental value per day from the date of the notice through judgment), costs, and in some cases attorney's fees if the lease so provides.

California's UD courts are expedited — the summons gives the tenant only 5 court days to respond if personally served, or 15 days if served by mail under CCP §415.20(b). This is dramatically shorter than the 30-day response period in ordinary civil litigation.

Step 5: UD Summons, Response, and Default Judgment

Once the complaint is filed, the court clerk issues a UD summons (form SUM-130). The landlord must arrange for the summons and complaint to be personally served on the tenant — typically by a licensed process server or the county marshal. The same service methods under CCP §415 apply.

If the tenant does not file a written response within the 5-day response period (for personal service), the landlord may request a default. The clerk enters the default, and the landlord then submits a declaration (Judicial Council Form UD-116) for a default judgment. In straightforward cases where there is no dispute as to the lease terms or amount owed, the court may issue a default judgment for possession without a hearing.

If the tenant files a response (Judicial Council Form UD-105), the case is set for trial. California's UD trial date is typically set within 20 days of the request for trial, making the UD process faster than almost any other civil litigation in the state.

Step 6: UD Trial and Judgment

At trial, the landlord bears the burden of proving: (1) the existence of a landlord-tenant relationship, (2) service of a valid and sufficient notice, (3) the tenant's failure to comply with the notice, and (4) for AB 1482-covered units, the existence of valid just cause. Common tenant defenses include improper service of the notice, overstatement of rent owed, retaliation (Civil Code §1942.5), waiver of the breach (landlord accepted rent after the violation), and breach of the implied warranty of habitability.

If the landlord prevails, the court issues a judgment for possession and, in most cases, a money judgment for unpaid rent and costs. The judgment for possession is the legal foundation for the writ of possession.

Step 7: Writ of Possession and Sheriff Enforcement

After judgment, if the tenant does not voluntarily vacate, the landlord applies to the court clerk for a Writ of Possession (form EJ-130). The writ is then delivered to the county Sheriff (or marshal). The Sheriff will serve a Notice to Vacate on the tenant, giving them five calendar days to leave. If the tenant remains after the five-day notice period, the Sheriff returns and physically removes all occupants and their belongings.

Landlords must pay the Sheriff's fee (typically $100–$200) and may be required to have a locksmith available on the day of the lockout. The landlord may then reenter and re-key the property. Any belongings left by the tenant must be handled in accordance with Civil Code §1983 et seq., which requires the landlord to provide notice and an opportunity to reclaim personal property before disposing of it.

No-Fault Eviction Relocation Assistance: For AB 1482-covered no-fault evictions (owner move-in, substantial remodel, Ellis Act), the landlord must pay one month's rent as relocation assistance. This payment must be made within 15 calendar days of the notice of termination — failure renders the notice void and the entire eviction proceeding invalid.

Owner Move-In Evictions: Special Requirements

Owner move-in (OMI) evictions under AB 1482 require that the owner intend to occupy the unit as their primary residence for at least 12 months. The owner must be a natural person — not a corporation or LLC — and must actually move in within 90 days of the tenant vacating. If the owner fails to occupy within 90 days, or vacates within 12 months, the law requires offering the unit back to the evicted tenant at the same rent.

Many local ordinances are stricter. San Francisco, for example, requires that the owner (or qualifying relative) intend to occupy the unit for 36 months and imposes a 5-year ban on re-renting the unit to a new tenant at a higher rent. Los Angeles's RSO imposes similar protections and requires that the landlord notify all tenants of available units before proceeding with an OMI eviction.

COVID Protections Sunset: California's statewide COVID-19 eviction moratoriums fully expired in 2023. However, some localities (San Francisco, Los Angeles) maintained local protections through early 2024. As of 2026, no statewide COVID-related eviction protection remains in effect, but landlords should confirm that any local moratoria in their jurisdiction have also fully sunset.