California Unlawful Detainer Lawsuit: Step-by-Step Process for Landlords

An unlawful detainer (UD) lawsuit is the only legal method for evicting a tenant in California. Filed in the Superior Court of the county where the rental property is located, an unlawful detainer is a summary proceeding designed to resolve possession disputes faster than ordinary civil cases. However, the expedited nature of the process comes with strict procedural requirements at every stage.

Step 1: Serve the Required Notice

Before filing a UD complaint, the landlord must serve the tenant with the appropriate notice (3-day pay or quit, 3-day cure or quit, 30-day, 60-day, etc.). The type of notice depends on the ground for eviction. The notice period must fully expire before the lawsuit is filed.

Step 2: File the Complaint

The UD complaint is filed in the Superior Court of the county where the property is located. The complaint must identify the parties, the property, the basis for the eviction, the notice served, and the relief requested (possession, past-due rent, damages, attorney fees if the lease allows them).

Step 3: Serve the Summons and Complaint

The tenant must be served with the summons and complaint in accordance with Code of Civil Procedure requirements — personal service, substituted service, or (as a last resort) service by posting.

Step 4: Tenant's Response

The tenant has 10 days (excluding Saturdays, Sundays, and judicial holidays) to file a responsive pleading after personal service is complete (CCP § 1167, as amended by AB 2347, effective January 1, 2025). For substituted service, service is deemed complete on the 10th day after mailing (CCP § 415.20), so the 10 court days begin from that point. Available responses include an answer, demurrer, or motion to strike.

Step 5: Default or Trial

If the tenant does not respond within the deadline, the landlord can request a default judgment under CCP § 1169. If the tenant files an answer, the case is set for trial.

Step 6: Trial

UD trials are given priority on the court's calendar as such lawsuits are summary in nature. The landlord bears the burden of proving every element: valid notice, proper service, expiration of the notice period, and the legal ground for eviction. The tenant may raise affirmative defenses such as habitability, retaliation, or discrimination.

Step 7: Judgment and Writ of Possession

If the landlord prevails, the court enters a judgment for possession (and potentially money damages). The landlord then obtains a writ of possession, which is delivered to the sheriff's department.

Step 8: Sheriff Lockout

The sheriff posts a notice to vacate on the property. If the tenant does not leave voluntarily, the sheriff returns to physically remove the tenant and change the locks. Only the sheriff can execute a lockout — landlords cannot do this themselves.

Monetary Judgment and Collections

An unlawful detainer judgment may include a money component for past-due rent, holdover damages, attorney fees, and costs. If the tenant does not voluntarily pay, the landlord may pursue post-judgment collection remedies such as wage garnishment, bank levies, or liens on the tenant's assets. The judgment accrues interest at the statutory rate and is enforceable for 10 years under CCP § 683.020, renewable for an additional 10 years under CCP § 683.120.

Settlement Considerations

Many UD cases are resolved through settlement, often involving a stipulated judgment that gives the tenant a specified period to vacate. Settlement can be advantageous for both parties: the landlord avoids the uncertainty and cost of trial, and the tenant may negotiate favorable terms such as additional time, reduced judgment amounts, or sealing of records.

Under CCP § 1161.2, UD case records are subject to restricted access for the first 60 days after filing. After 60 days, records become publicly accessible only if judgment was entered for the plaintiff within that period. Landlords and tenants should consult the current version of the statute or an attorney for the most up-to-date requirements.