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California Eviction Process:
The California eviction process has become more complex than ever, with new laws taking effect in 2025 that significantly impact both landlords and tenants. Whether you’re facing eviction or need to evict tenants legally, understanding these changes is crucial for protecting your rights and avoiding costly mistakes.
Understanding California’s Tenant Protection Act and Eviction Laws
California’s eviction laws are governed by the Tenant Protection Act of 2019 (AB 1482), which fundamentally changed how landlords can remove tenants from rental property. The legal process for eviction is called an unlawful detainer. If you’ve lived in your unit for more than 12 months, your landlord must have “just cause” to evict you—they can’t simply give you an eviction notice without a legally valid reason.
Eviction laws and regulations can also vary across different cities and counties in California, so local rules may provide additional protections for tenants.
To evict a tenant, the landlord must provide one of the reasons listed under the law as just cause. For example, a just cause eviction could occur if a tenant fails to pay rent, while a no-fault eviction might happen if the landlord intends to move into the property themselves.
The landlord’s rights and responsibilities include following all legal procedures and providing proper notice. Landlords cannot refuse to renew a lease for improper or discriminatory reasons.
What Properties Are Covered?
The Tenant Protection Act applies to most rental properties over 15 years old, with some important exceptions:
- Single-family homes not owned by corporations (if proper notice is given)
- Owner-occupied duplexes
- Properties already under local rent control
- Affordable housing with deed restrictions
- Properties built within the last 15 years (rolling exemption)
Under this law, rent increases are capped at 5% plus inflation or 10% total, whichever is lower. For 2025, that means a maximum increase of 8.8%.
Key Changes Taking Effect in 2025
Starting January 2025, AB 2347 doubles the time tenants have to respond to an unlawful detainer lawsuit from 5 to 10 business days. This extension gives tenants crucial time to find an attorney and prepare their defense against eviction.
SB 567 has also strengthened penalties for fraudulent no-fault evictions. Landlords who lie about owner move-ins now face penalties up to three times actual damages, plus potential Attorney General enforcement actions.
Step-by-Step California Eviction Process
Phase 1: Serving the Eviction Notice
Every lawful eviction in California begins with proper written notice. The type of notice depends on the reason for eviction:
3-Day Notices (excluding weekends and court holidays):
- Pay Rent or Quit: For nonpayment of rent – must state exact amount owed without fees
- Cure or Quit: For curable lease violations like unauthorized pets
- Unconditional Quit: For serious violations including criminal activity or property damage
30-Day Notice: For month-to-month tenancies under one year
60-Day Notice: Required for tenancies over 12 months
90-Day Notice: Mandatory for Section 8 and subsidized housing
The notice must be properly served through personal service, substituted service (leaving with responsible adult plus mailing), or posting and mailing as a last resort.
Phase 2: Filing the Unlawful Detainer Lawsuit
If the tenant doesn’t comply with the notice, landlords must file an unlawful detainer complaint at the California Superior Court. Filing fees range from $385-435, and the lawsuit must be served on the tenant within 60 days or risk dismissal.
Phase 3: Tenant Response and Court Proceedings
Thanks to AB 2347, tenants now have 10 business days to file an answer if personally served. If no response is filed, landlords can request a default judgment immediately. For contested cases, the court will set a trial date and notify both parties. A hearing is held where both the landlord and tenant can present their case. The judge will then decide the case and issue a judgment. Trial must be set within 20 days of the request.
Phase 4: Judgment and Sheriff Enforcement
After obtaining a judgment, the court issues a Writ of Possession. The judge must sign the judgment for it to become official. If the landlord wins the case, the court grants the right to proceed with eviction. The sheriff posts a 5-day notice to vacate. If the tenant doesn’t leave voluntarily, the sheriff conducts the physical lockout approximately 6 days later. Only a law enforcement officer can remove tenants; self-help evictions remain strictly illegal with severe penalties.
Just Cause Requirements: At-Fault vs. No-Fault Evictions
At-Fault Just Cause Evictions
At-fault evictions are based on tenant behavior and require no relocation assistance:
- Nonpayment of rent
- Material breach of lease or rental agreement after notice to cure. In some cases, tenants may have the opportunity to fix the problem identified in the notice to avoid eviction.
- Maintaining a nuisance
- Waste or damage to rental property
- Criminal activity on premises
- Unauthorized subletting
- Refusing lawful****owner access
- Using premises for illegal purposes
No-Fault Just Cause Evictions
No-fault evictions occur when tenants have done nothing wrong:
- Owner or family member move-in
- Withdrawal from rental market
- Substantial remodel requiring vacancy
- Government order to vacate
- Demolition
For all no-fault evictions, landlords must pay relocation assistance equal to one month’s rent, payable within 15 days of notice or waived through last month’s rent credit. Under SB 567, landlords claiming owner move-in must actually occupy the unit within 90 days and maintain it as their primary residence for 12 consecutive months.
Sacramento County Eviction Process Details
Local Court Procedures and Requirements
Sacramento eviction cases are processed at the Carol Miller Justice Center, 301 Bicentennial Circle, with most hearings in Department 88. The court offers:
- Electronic filing (encouraged but not mandatory)
- Remote Zoom hearings
- Free mediation services on trial days
- Night court on second Wednesday monthly
Sacramento’s local ordinance provides additional protections for pre-1995 buildings, capping rent increases at 5% plus CPI (maximum 10%). The court can be reached at (916) 875-7746, with the mediation program at (916) 875-7843.
Timeline for Sacramento Evictions
The typical Sacramento eviction process timeline:
- Day 1-3: Notice period expires
- Day 4: File unlawful detainer
- Day 10-20: Serve tenant
- Day 20-30: Default or trial
- Day 35-45: Sheriff lockout if tenant loses
Tenant Rights During the Eviction Process
Protection from Illegal Eviction
California law strictly prohibits self-help evictions. If your landlord:
- Changes locks without court order
- Shuts off utilities
- Removes your personal property
- Harasses or threatens you
You can sue for damages and obtain immediate court orders for restoration. The Legal Services Corporation funds organizations providing free legal assistance to qualifying tenants.
Right to Cure and Legal Defenses
Most lease violations can be cured within the notice period. Tenants also have numerous potential defenses:
- Improper notice (wrong form, dates, or service)
- Breach of warranty of habitability
- Discrimination or retaliation
- Landlord’s failure to maintain the property
- Acceptance of rent after serving notice
Anti-retaliation protections prohibit evictions within 180 days of tenants exercising legal rights including requesting repairs, reporting code violations, or organizing with other tenants.
Landlord Obligations in the California Eviction Process
Strict Procedural Compliance Required
Landlords must follow exact procedures or risk case dismissal:
- Use correct notice forms for the specific violation
- Include all legally required information
- Properly serve notices
- Wait full notice period before filing
- Maintain habitable conditions throughout
- Obtain court judgment before evicting
- Use only lawful sheriff enforcement
Documentation and Evidence
Successful evictions require thorough documentation:
- Written notice copies with proof of service
- Lease or rental agreement
- Rent payment records
- Photos of alleged violations
- Communication records with tenant
Frequently Asked Questions About California Evictions
Can My Landlord Evict Me Without Going to Court?
No. Only a sheriff with a court order can remove tenants. Self-help eviction is illegal and can result in damages of $100 per day plus actual damages.
How Much Notice Does My Landlord Need to Give?
It depends on the reason:
- 3 days for nonpayment of rent or serious violations
- 30 days for month-to-month tenancies under one year
- 60 days for tenancies over 12 months
- 90 days for Section 8 housing
Do I Get Relocation Money If Evicted?
Only for no-fault evictions. The amount equals one month’s rent and must be paid within 15 days of notice.
What If I Can’t Afford an Attorney?
Contact legal aid immediately:
- Legal Services Corporation: Various locations
- Sacramento Renters Helpline: Local assistance
- California Courts Self-Help Center: Free forms and guides
- Fee waivers available for low-income tenants
Can I Be Evicted in Winter or If I Have Children?
California has no seasonal eviction moratorium. Having children doesn’t stop eviction but may help with emergency housing resources.
Did You Know? California Eviction Facts
- California processes over 160,000 eviction cases annually
- 90% of landlords have attorneys; only 10% of tenants do
- Eviction judgments stay on credit reports for 7 years
- The average eviction takes 5-7 weeks from notice to lockout
- Default judgment is the most common way landlords win eviction cases
The Bottom Line: Act Quickly to Protect Your Rights
Whether you’re a landlord navigating the complex eviction process or a tenant facing eviction, time is critical. The moment you receive or serve an eviction notice, document everything and seek help immediately. California’s strong tenant protections only work if you use them.
Remember: landlords must follow strict procedures, and tenants have substantial rights throughout the process. With eviction timelines typically extending 30-45 days minimum for uncontested cases and 2-6 months for contested matters, understanding your rights and obligations can make the difference between success and failure.
For immediate help with eviction in California:
- Emergency legal aid: 211 (dial or text)
- Court self-help centers: Check your county’s superior court website
- Tenant rights hotlines: Available in most major jurisdictions
Don’t wait. Your home – and your rights – depend on taking action today.
This guide provides general information about California eviction law. For specific legal advice about your situation, consult with a qualified attorney. Laws change frequently – verify current requirements with official sources.
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