Evicting a tenant in California is a multi-step legal process governed by the Code of Civil Procedure, the Civil Code, and often local ordinances. California landlords must follow each step precisely — from serving the correct written notice to obtaining a court judgment and sheriff lockout. Skipping any step or using a defective notice can result in dismissal of the case, potential liability for damages, and significant delays.
The Eviction Process Step-by-Step
California evictions follow a mandatory sequence. You cannot simply tell a tenant to leave or change the locks. Every eviction must go through the courts via an unlawful detainer (UD) lawsuit.
- Identify the legal ground for eviction (nonpayment, lease violation, no-fault just cause, etc.)
- Serve the correct written notice with proper content and timing
- Wait for the notice period to expire without the tenant curing or vacating
- File an unlawful detainer complaint in Superior Court
- Serve the summons and complaint on the tenant
- Wait for the tenant's response deadline (10 days, excluding Saturdays, Sundays, and judicial holidays, after service is complete under 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 running from that point.
- Obtain a judgment (by default, trial, or settlement)
- Request a writ of possession from the court
- Have the sheriff execute the lockout
Legal Grounds for Eviction
Under the Tenant Protection Act (Civil Code § 1946.2), most California landlords must have just cause to evict once a tenant has continuously and lawfully occupied the unit for 12 months. Just cause falls into two categories:
At-Fault Just Cause
- Default in the payment of rent
- Breach of a material term of the lease
- Maintaining, committing, or permitting a nuisance
- Committing waste
- Refusal to execute a written extension or renewal of an expiring lease on materially similar terms
- Criminal activity on the premises
- Assigning or subletting in violation of the lease
- Refusal to allow the landlord lawful access after proper notice
- Using the premises for an unlawful purpose
- Failure of a tenant-employee to vacate after termination of the employment relationship
- Failure to deliver possession after the tenant gives their own notice of intent to vacate
For at-fault causes that are curable, the landlord must first serve a notice to cure and allow the tenant a reasonable opportunity to fix the violation.
No-Fault Just Cause
- Owner or qualifying family member move-in (spouse, domestic partner, children, grandchildren, parents, grandparents) — the intended occupant must move in within 90 days and reside in the unit as a primary residence for at least 12 continuous months (SB 567, effective April 1, 2024)
- Withdrawal of the unit from the rental market (Ellis Act, Government Code § 7060 et seq.)
- Intent to demolish or substantially remodel the unit
- Compliance with a government order or local ordinance requiring vacancy
Relocation Assistance for No-Fault Evictions
For every no-fault eviction, the landlord must provide relocation assistance equal to one month's rent. The landlord may either (A) make a direct payment to the tenant within 15 calendar days of serving the notice, or (B) waive the tenant's obligation to pay rent for the final month of the tenancy. The notice must state which option the landlord is electing. Failure to provide relocation assistance is a complete defense to the eviction. (Civil Code § 1946.2(d).)
SB 567 Requirements for No-Fault Evictions (Effective April 1, 2024)
SB 567, the Homelessness Prevention Act, added requirements for no-fault evictions:
- For owner move-in: the termination notice must include the name and relationship of the intended occupant
- The tenant may request proof of ownership or relationship
- The intended occupant must actually move in within 90 days and reside in the unit for at least 12 continuous months
- If the owner fails to comply, the owner must offer the unit back to the displaced tenant at the prior rent and reimburse reasonable moving expenses
- An owner who attempts to recover possession in material violation of § 1946.2 is liable for actual damages, and up to three times actual damages if the conduct was willful, oppressive, or fraudulent, plus attorney fees
Common Mistakes That Kill Eviction Cases
- Serving a defective notice (wrong amount, wrong deadline, missing required information)
- Failing to comply with local rent control or just cause ordinances
- Accepting rent after serving the notice (potential waiver)
- Not properly identifying all occupants in the lawsuit
- Filing before the notice period has fully expired
- Failing to provide relocation assistance at the time of or within 15 calendar days of serving a no-fault notice
- Using outdated notice templates that do not reflect recent statutory changes
- Naming the wrong parties or omitting occupants who may claim tenant status
Self-Help Eviction Is Illegal
California law (Civil Code § 789.3) prohibits landlords from attempting to force a tenant out by changing locks, shutting off utilities, removing doors or windows, or interfering with the tenant's use of the premises. Penalties include actual damages, a statutory penalty of up to $100 per day for each day the violation continues (with a minimum of $250 per cause of action), and reasonable attorney fees. The only lawful path to removing a tenant is through the courts.
Courts strictly construe unlawful detainer statutes. Because the remedy is so severe — the loss of someone's home — judges closely scrutinize every element of the landlord's case. Even minor procedural errors that might be overlooked in ordinary civil litigation can be fatal in a UD proceeding.
Impact of Local Ordinances
Many California cities and counties have adopted their own eviction protections that go beyond state law. These local ordinances may require additional notice content, impose longer notice periods, mandate specific forms, require pre-filing mediation, or restrict the grounds for eviction. For example, the City of Los Angeles requires that certain eviction notices include specific LAHD language and that copies be filed with the housing department. Before beginning any eviction, landlords should determine whether a local ordinance applies and understand its requirements.
AB 1482 Sunset
The just cause and rent cap provisions of the Tenant Protection Act (Civil Code §§ 1946.2 and 1947.12) are currently set to sunset on January 1, 2030, unless extended by the Legislature.
Frequently Asked Questions
This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this material. Laws vary by jurisdiction and are subject to frequent change. Consult a qualified attorney before taking any legal action.