California has the most complex eviction process in the country. AB 1482, local rent control, and habitability defenses all factor in.
California's eviction process is called Unlawful Detainer (UD) and is governed by California Code of Civil Procedure sections 1161-1179a. Cases are filed in superior court at the county level. California is the most tenant-friendly state in the country — the eviction process involves multiple notice requirements, mandatory court procedures, and significant tenant defenses. Uncontested cases typically take six to twelve weeks; contested cases can take three to six months or longer.
UD cases are filed in the superior court of the county where the property is located. Many counties have dedicated unlawful detainer divisions or assigned judges for these cases. California also imposes additional protections in certain cities (Los Angeles, San Francisco, Oakland, San Jose) through local rent control and just-cause eviction ordinances that supersede state law in many situations.
For non-payment of rent, California requires a 3-day written notice to pay or quit (under Code Civ. Proc. 1161). The notice must state the exact amount owed, the name and address where rent can be paid, and acceptable payment methods. The three-day period excludes weekends and judicial holidays. If the tenant pays the full amount within three business days, the eviction stops.
For curable lease violations, California requires a 3-day notice to perform covenant or quit. For incurable violations or material breaches like serious nuisance or illegal activity, California allows a 3-day unconditional notice to quit. For month-to-month tenancies, California requires a 60-day notice if the tenant has lived in the unit for one year or more, and 30 days if less than a year.
The Tenant Protection Act (AB 1482) imposes statewide just-cause eviction requirements on most multi-family housing. Under just-cause provisions, you generally cannot terminate a tenancy of 12+ months without specifying a permitted reason and, in some "no-fault" cases, paying relocation assistance equal to one month's rent.
Once the notice period expires, file an unlawful detainer complaint and summons in the superior court covering the property's location. Filing fees in California range from $240 to $450 depending on the case value. Service must be completed by a non-party adult or process server.
The tenant has five days (excluding weekends and holidays) from service to file an answer. UD cases are statutorily expedited — once at issue, trial is set within 20 days. Tenant defenses commonly include defective notice, habitability defenses (warranty of habitability under Cal. Civ. Code 1941), retaliation, and discrimination.
California UD trials are conducted by superior court judges. They are formal proceedings with rules of evidence applying. Bring your lease, notices and proof of service, rent ledger, photographs, and any communication records. Many California counties strongly encourage or mandate mediation before trial.
If you prevail, the court enters judgment for possession and a money judgment for unpaid rent and damages. The tenant has limited time to vacate before the writ of possession is issued. Tenant appeals are common in California and can extend the case significantly.
Los Angeles County is California's most populous county and processes the highest volume of UD cases in the United States. The county has multiple courthouses handling UD cases at different geographic divisions. The City of Los Angeles imposes additional Rent Stabilization Ordinance (RSO) requirements and just-cause provisions that go beyond statewide AB 1482 protections, plus the Just Cause for Eviction Ordinance covering non-RSO units. Filing in Los Angeles County requires careful attention to which local ordinance, if any, applies to your specific property.
Orange County is California's third-largest county, anchored by cities like Anaheim, Santa Ana, Irvine, and Huntington Beach. UD filings go to the Orange County Superior Court, with cases distributed to various courthouse locations. Orange County has fewer local rent control ordinances than Los Angeles, but AB 1482 still applies to most multi-family housing. For detailed landlord-tenant law specific to each county — including local ordinances, court contacts, and procedural variations — see Los Angeles County landlord-tenant law and Orange County landlord-tenant law.
California's eviction process is the most complex in the country, with statewide just-cause requirements layered on top of local rent control ordinances in many cities. Errors in notice content, timing, or service routinely result in dismissal. See the full California landlord-tenant law guide for notice templates, AB 1482 information, security deposit rules, and county-by-county breakdowns across all 58 California counties.
If you prevail and the tenant does not appeal or move, request a writ of possession from the court. The county sheriff posts a 5-day notice to vacate before executing the writ. Be present at the lockout. Have a locksmith ready.
California has detailed rules (Cal. Civ. Code 1965 and 1980-1991) for handling tenant personal property left behind. You must inventory, store, and notify the tenant before disposal. Improper disposal of tenant property can result in significant liability under California law.