What are the steps to evict a tenant for unpaid rent in California?
In California, an eviction for unpaid rent runs through 7 steps, each set by the statute or court rule beside it: (1) Serve a 3-day notice to pay rent or quit — Cal. Code Civ. Proc. § 1161(2); (2) Wait 3 court days, excluding weekends and holidays — Cal. Code Civ. Proc. § 1161(2); (3) File the unlawful detainer complaint — Cal. Code Civ. Proc. § 1166; (4) Serve the summons and complaint — Cal. Code Civ. Proc. § 415.10 et seq.; (5) Ten court days to respond — Cal. Code Civ. Proc. §§ 1167, 1170.5 (as amended by AB 2347); (6) Trial — Cal. Code Civ. Proc. § 1170.5; (7) Writ of possession and the sheriff’s 5-day notice — Cal. Code Civ. Proc. § 715.010. The three-day notice period and the ten-court-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it. City of Los Angeles and San Francisco add requirements of their own. The procedure as a whole is set by Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act).
| What | California |
|---|---|
| Court | Superior Court of California for the county where the property is (limited civil, unlawful detainer). |
| Steps with a citation | 7 |
| Cities with their own rules on file | City of Los Angeles, San Francisco |
| Cause needed to end a tenancy | Yes, for most tenancies |
Notes
The three-day notice period and the ten-court-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it.
Source
Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act)
Read the statute in the California Codes (California Legislative Information): leginfo.legislature.ca.gov.
Checked against the statute on September 16, 2026.
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Guides on this rule
- Can a Landlord Send an Eviction Notice by Email or Text? — The federal E-SIGN Act excludes eviction notices, so state law decides how a notice to pay or quit must be served. California, New York and Florida rules.
- Landlord Retaliation Laws: Protected Tenant Acts and Time Limits — When an eviction, rent increase or cut in services is presumed retaliatory: 180 days in California, six months in Texas, a year in New York.
- The CARES Act 30-Day Notice to Vacate: Is It Still Required? — The CARES Act 30-day notice to vacate still applies to properties with federally backed mortgages or federal assistance. Which properties are covered, and why.
- VAWA Housing Protections: What Assisted-Housing Landlords Must Do — The Violence Against Women Act protects survivors in public housing, vouchers, LIHTC and other assisted housing. Who it covers and what owners must do.
Compare this rule in every state
More California rules
- How long does a landlord have to return a security deposit in California?
- How much can a landlord charge for a security deposit in California?
- How many days does a tenant get to pay late rent in California?
- How much notice does a landlord have to give before entering in California?
- How much notice does a landlord have to give before raising the rent in California?
- How much notice must a landlord give to end a tenancy in California?
- How much can a landlord charge for a rental application fee in California?
- Can a landlord change the locks to force a tenant out in California?
- Does a landlord need a reason to evict a tenant in California?
- How long does a tenant have to respond to an eviction case in California?
- Is there rent control in California?
- Can a landlord refuse a Section 8 voucher in California?
- Can a landlord retaliate against a tenant for complaining in California?
- Can a tenant repair and deduct from rent in California?
- Do contractors charge sales tax in California?
- Every California rule on one page
The same question in other states
- Arizona
- Colorado
- Connecticut
- District of Columbia
- Florida
- Georgia
- Illinois
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada