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) Five court days to respond — Cal. Code Civ. Proc. §§ 1167, 1170.5; (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 five-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).

WhatCalifornia
CourtSuperior Court of California for the county where the property is (limited civil, unlawful detainer).
Steps with a citation7
Cities with their own rules on fileCity of Los Angeles, San Francisco
Cause needed to end a tenancyYes, for most tenancies

Notes

The three-day notice period and the five-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) — last checked 2026-09-16.

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.

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