Evicting a tenant in California is often a landlord’s last resort, and it can be a time-consuming process. Understanding the eviction timeline in California helps property owners manage their expectations and remain compliant with state laws. Whether the tenant has failed to pay rent, violated lease terms, or overstayed after a lease term, landlords must follow strict legal steps to ensure a smooth eviction.
In this article, we will walk you through the eviction process in California, breaking down each phase of the timeline so landlords can plan effectively.
1. Notice Period (3 to 60 Days)
The first step in the eviction process is serving a notice to the tenant. The type of notice and its timeline depends on the reason for the eviction:
3-Day Notice to Pay or Quit: Used when tenants fail to pay rent. This notice gives tenants three days to either pay the overdue rent or vacate the property.
30-Day or 60-Day Notice to Quit: Issued for reasons other than non-payment of rent, such as a violation of lease terms or the landlord’s decision to terminate a month-to-month tenancy. If the tenant has lived in the unit for less than a year, a 30-day notice is sufficient. However, if the tenant has been there for over a year, a 60-day notice is required.
After the notice period expires, if the tenant does not comply, the landlord can move forward with the eviction process by filing a lawsuit.
2. Filing an Unlawful Detainer Lawsuit (5 to 10 Days)
If the tenant has not vacated the premises after the notice period, the landlord can file an unlawful detainer lawsuit to begin the formal eviction process. This step involves submitting paperwork to the court, which typically takes between 5 and 10 days for the court to process. After filing, the tenant must be served with the lawsuit documents, which can be done by a process server or county sheriff.
3. Tenant Response (5 Days)
Once the tenant is served with the lawsuit, they have 5 calendar days to respond. During this time, they can either contest the eviction, which will move the case to a court hearing, or choose not to respond. If the tenant fails to respond within this period, the landlord can request a default judgment in their favor.
4. Court Hearing and Judgment (20 to 30 Days)
If the tenant contests the eviction, a court hearing will be scheduled. Depending on the court’s availability, this hearing could take place anywhere from 20 to 30 days after the tenant files their response. At the hearing, both parties present their case, and the judge makes a decision based on the evidence provided.
If the court rules in favor of the landlord, the next step is to obtain a writ of possession.
5. Writ of Possession (5 to 10 Days)
After a favorable judgment, the landlord must request a writ of possession from the court. This legal document grants the sheriff the authority to remove the tenant from the property. Issuing a writ of possession typically takes 5 to 10 days, depending on the court's schedule.
6. Sheriff Lockout (5 to 10 Days)
Once the writ of possession is obtained, the sheriff will post a notice to vacate on the tenant’s door, giving them a final warning to leave the premises. If the tenant still does not vacate, the sheriff will physically remove them and return possession of the property to the landlord. This step usually takes 5 to 10 days from the time the writ is posted.
Total Eviction Timeline in California
The total time to evict a tenant in California can range from 30 days to 90+ days depending on several factors, including the type of notice served, the tenant’s response, and the court’s availability. Here’s a breakdown of the potential timeline:
Notice Period: 3 to 60 days
Court Filing and P
rocessing: 5 to 10 days
Tenant Response: 5 days
Court Hearing and Judgment: 20 to 30 days
Writ of Possession: 5 to 10 days
Sheriff Lockout: 5 to 10 days
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