California Eviction Process Step by Step 2026: A Complete Landlord Guide

California's unlawful detainer process is one of the most procedurally demanding eviction frameworks in the country. Every step must be executed in the correct sequence, with the correct documents, and within specific timeframes. A mistake at any stage can result in dismissal and force you to start over. Here is the complete step-by-step process.

Step 1: Serve the Correct Notice

Every California eviction begins with a legally compliant written notice. The type of notice depends on the reason for eviction: three-day notice to pay or quit for non-payment of rent, three-day notice to cure or quit for curable lease violations, three-day unconditional quit for incurable violations, or 30/60-day notice for no-fault terminations. The notice must include all required elements and be served using a legally recognized method. In rent-controlled jurisdictions, additional local requirements apply.

Step 2: Wait for the Notice Period to Expire

After service, you must wait for the full notice period to expire before filing. For three-day notices, this means three calendar days excluding weekends and court holidays. Count carefully — starting the count on the wrong day is a common error. If the tenant pays in full during the notice period, the tenancy continues and you may not proceed.

Step 3: File the Unlawful Detainer Complaint

If the tenant has not complied with the notice, file an unlawful detainer complaint in the Superior Court of the county where the property is located. You will need the complaint form (UD-100), the summons (SUM-130), and a copy of the notice with proof of service. Filing fees vary by county. Some courts require additional local forms.

Step 4: Serve the Summons and Complaint

After filing, the tenant must be formally served with the summons and complaint. Personal service is preferred. If personal service fails after diligent attempts, substituted service may be used. Electronic service is not permitted in eviction cases without prior court order. The tenant has five business days to respond after service.

Step 5: Default or Trial

If the tenant does not file a response within five business days, you may request a default judgment. If the tenant responds, the case is set for trial — usually within 20 days of the response being filed. Unlawful detainer trials are bench trials (no jury). Be prepared with your notice, proof of service, lease, and any relevant payment records.

Step 6: Obtain the Writ of Possession

After a judgment in your favor, request a writ of possession from the court. The writ authorizes the sheriff to remove the tenant from the property. The sheriff will post a 5-day notice to vacate on the property. If the tenant has not vacated after five days, the sheriff will physically remove them and restore possession to you.

Get the Right Documents From the Start

Landlord Compliance Hub provides complete California eviction notice packages including jurisdiction-specific forms for rent-controlled cities, proof of service forms, and compliance documents. Starting with the right notice is the most critical step. Order online or call (510) 250-0946 ext. 207.