The California eviction process, step by step

What are the steps of a lawful eviction?

1. Check which rules apply. Most tenancies are covered by the statewide just-cause law (Civ. Code § 1946.2), and a city may add its own rules. See the exemption checker and the city pages.
2. Serve a valid written notice. Use a 3-day notice for unpaid rent or a curable breach, or a 30-, 60- or 90-day notice where the law allows. The notices guide and the notice date calculator explain the counting.
3. File an unlawful detainer in the superior court for the county if the tenant does not comply. Use the court’s forms; the California Courts self-help site explains them.
4. Serve the summons and complaint. Service must follow the statute (see below).
5. The tenant responds. A tenant personally served has 10 court days, excluding weekends and judicial holidays, under Code Civ. Proc. § 1167 as amended by AB 2347 (effective January 1, 2025).
6. Judgment, then a writ of possession. If the landlord wins, the court issues a judgment and the clerk issues a writ. The sheriff or marshal serves it; occupants have five days after service to leave, and then the officer removes them (Code Civ. Proc. § 715.010).

Can I change the locks or shut off utilities?

No. Civ. Code § 789.3 prohibits a landlord from intentionally interrupting utilities, changing locks, removing doors or windows, or removing a tenant’s belongings to force them out. A landlord who does so is liable for actual damages plus up to $100 for each day or part of a day, with a minimum of $250 per violation, and the tenant can recover attorney’s fees.

What mistakes make a notice invalid?

A defective notice means there is no case to file. In Eshagian v. Cepeda (Cal. Ct. App., June 26, 2025) the Court of Appeal held a 3-day notice to pay rent or quit invalid and ordered judgment for the tenant. The notice did not clearly warn that the landlord would seek possession if rent went unpaid, did not state when the notice period began and ended (or exclude weekends and judicial holidays), and gave the tenant’s own unit rather than a clear, workable place to pay, as Code Civ. Proc. § 1161 requires. Read the opinion on the California Courts site. Use the court’s forms or have an attorney review your notice.

What changes on January 1, 2027?

AB 747, the Service of Process Accountability, Reform and Equity (SPARE) Act, is Chapter 563 of the Statutes of 2025. Its service changes, including a “reasonable diligence” standard, take effect January 1, 2027. For posting in an unlawful detainer, reasonable diligence means at least three good-faith attempts at personal delivery, on three different days at three different times, and generally one attempt must be at the tenant’s dwelling. Read the bill text and the Judicial Council’s implementing forms before you serve after that date.

What if the tenant says the eviction is retaliation?

Civ. Code § 1942.5 bars a landlord from retaliating against a tenant who has exercised legal rights such as complaining about habitability. Raising retaliation is a common defense in an unlawful detainer, so document the legitimate reason for the notice.

Frequently asked questions

Which official sources should I read?

• Code Civ. Proc. § 1161 (unlawful detainer grounds and notice)
• Code Civ. Proc. § 1167 (summons and response time)
• Code Civ. Proc. § 715.010 (writ of possession)
• Civ. Code § 789.3 (lockouts and utility shutoffs)
• Civ. Code § 1942.5 (retaliation)
• AB 747 (SPARE Act) bill text
• AB 2347 bill text
• Eshagian v. Cepeda, California Courts opinion page
• California Courts self-help: landlord eviction information