Filing an unlawful detainer lawsuit is not as simple as filling out a form. Each step must comply with California procedural law and applicable local ordinances. A mistake at any stage can cause costly delays or outright dismissal.
Step 1: Determine the Correct Notice Type
The type of notice depends on the reason for the eviction: a 3-day notice to pay or quit for unpaid rent, a 3-day notice to perform or quit for correctable lease violations, a 3-day unconditional quit notice for serious violations, or a 30-day, 60-day, or 90-day termination notice depending on tenancy length and local rules. Local just-cause ordinances may require additional language or filings.
Step 2: Serve the Notice Correctly
Service must comply with Civil Code sections 1161 and 1162. Personal service is preferred. If the tenant is not home, substituted service on a person of suitable age plus first-class mailing is allowed. If neither is possible, posting on the door plus mailing is the fallback. The method used affects when the notice period starts.
Step 3: File the Unlawful Detainer Complaint
After the notice period expires without compliance, file an unlawful detainer complaint in the local Superior Court. The complaint must include the notice, a description of the tenancy, the basis for eviction, and the relief requested. Attach copies of the notice and any written lease.
Step 4: Serve the Summons and Complaint
Service on the tenant must comply with Code of Civil Procedure section 415.45 for unlawful detainer. Once served, the tenant has 10 business days to file a written response. The clock runs from the date of service.
Step 5: Default or Trial
If the tenant does not respond, apply for a default and then a default judgment. If the tenant responds, a trial is set on the unlawful detainer calendar. Trials are expedited, often within 20 days of the trial date being set. At trial, landlords must prove notice compliance, tenancy, and grounds for eviction.
Step 6: Writ of Possession and Lockout
After obtaining a judgment, the landlord applies for a Writ of Possession. The court clerk issues the writ and the sheriff serves a 5-day notice to vacate. If the tenant does not leave voluntarily, the sheriff returns to carry out the lockout. Only the sheriff may perform the physical removal.
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