When a landlord decides to evict a tenant, California does not give the landlord the right to immediate removal. The landlord generally must give required notice, file an eviction lawsuit, and obtain a court judgment before the sheriff can evict the tenant. So, how long does the eviction process take? The matter may end during the initial notice period if the tenant corrects the problem by paying or moving. If the landlord files a lawsuit, the process can take anywhere from several weeks to several months.
At Pakpour Banks LLP, we help clients understand how their circumstances and decisions affect an eviction timeline. Keith Banks practices landlord-tenant law and has represented low-income tenants facing eviction through the Shriver Project. We provide customized, cost-conscious representation to clients throughout the Sacramento area and Central Valley.
What Happens During the Eviction Process in California?
A landlord may want a tenant to leave because the tenant has not paid rent, has violated a lease term, or has reached the end of a tenancy that the landlord wants to terminate. California law requires your landlord to give notice, obtain a court judgment, and use an authorized officer to enforce that judgment. Your response at each stage helps determine what happens next.
The Landlord Gives Notice
To begin the eviction process, the landlord must provide a written notice that tells the tenant:
- Why the landlord seeks to end the tenancy,
- What the tenant can do in response, and
- How much time the tenant has.
California law establishes notice periods that a landlord generally must complete before filing an eviction lawsuit. The reason for ending the tenancy determines which notice period applies:
- Unpaid rent—three court days;
- A lease violation the tenant can correct—three court days;
- Certain serious violations, such as illegal activity or safety hazards—three court days;
- Ending month-to-month tenancies—30 or 60 days, depending on whether the arrangement has lasted a year or less; and
- Section 8 housing—90 days.
A valid notice must also satisfy statewide just-cause requirements and any applicable local protections, meaning the landlord must have a reason for evicting you that the law recognizes as legitimate. If you pay, correct a violation when permitted, or move within the notice period, your landlord may have no basis to proceed under that notice. If you do not take the required action, your landlord may file an eviction lawsuit after the period expires.
The Landlord Files and Serves a Court Case
If the notice period ends without resolution, your landlord may ask a court to award possession of the property, which means evicting you. They may do so through an unlawful detainer action, the accelerated lawsuit California uses to determine whether a landlord has the right to remove a tenant.
After filing the lawsuit, the landlord must hire an adult who is not part of the case to serve you with a summons and complaint. These documents identify your landlord’s allegations and tell you that you must respond if you want the court to consider your position. Generally, your landlord must complete personal service, meaning they must have someone deliver the documents to you personally.
The Tenant Responds, or the Landlord Requests a Default
Once service is complete, you have 10 work days to respond and tell the court that you contest the eviction. With an attorney’s help, you typically file a response called an “answer” that addresses your landlord’s allegations and identifies your defenses.
If you do not respond, your landlord may request a default judgment, in which the court makes a decision based only on the information the landlord has provided. The court still must determine whether the eviction follows the law, but it does so without your side of the story.
The Parties Resolve the Dispute or Go to Trial
When you respond, the eviction becomes a contested case in the court system. You and your landlord must resolve the dispute through an agreement or ask the court to decide it. Your landlord cannot obtain possession until you resolve the court case.
After the lawsuit begins, either party may request that the case be set for trial. California law generally calls for trial within 20 days of such a request, although a continuance or another procedural issue may change the date.
While the case pends, you may work with an attorney to gather evidence, exchange information, respond to motions, or negotiate an agreement. If you prevail at trial, meaning you convince a court or the landlord agrees that you have the legal right to remain in the property. If your landlord prevails, the court may award possession and amounts such as unpaid rent or court costs.
The Sheriff Enforces a Judgment
At the end of an eviction case, the court may issue a judgment that determines who has the legal right to possession. If your landlord receives a judgment stating you must leave and you remain in the property, your landlord must obtain a writ of possession and deliver it to the sheriff or another authorized officer to actually evict you.
The officer then serves or posts a notice giving you five days to leave. If you remain after those five days, the officer may remove you and return possession of the premises to your landlord. The five-day period begins when the officer serves or posts the notice.
How Long Does the Eviction Process Take in California?
Given these steps, how long does the eviction process take? There are several specific periods, including the:
- Notice period—commonly 3, 30, 60, or 90 days;
- Response period—generally 10 court days;
- Trial setting period—generally within 20 days of a request; and
- Enforcement notice from a sheriff—five days.
Ultimately, those figures only tell part of the story. How long is the eviction process in California in a particular case? To a large extent, the timeline depends on the tenant, the landlord, and the specifics of the case, including whether either has an attorney.
Discuss a California Eviction with Pakpour Banks LLP
Receiving an eviction notice or court papers can leave you facing important decisions under short deadlines. Our attorney can determine whether your landlord has a legal basis to seek eviction, assess the notice and service, calculate your response deadline, identify possible defenses, negotiate an agreement, and represent you in court.
Pakpour Banks LLP provides accessible, customized landlord-tenant representation in Davis, Woodland, Sacramento, Elk Grove, and surrounding Sacramento-area and Central Valley communities. Contact us to discuss your circumstances and develop a practical, cost-conscious strategy for responding to a California eviction.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:
- Cal. Civ. Proc. Code § 715.010 (2005).
- Cal. Civ. Proc. Code § 1167 (2025).
- Cal. Civ. Proc. Code § 1170.5 (1982).
- Judicial Branch of California, California Courts, Choose the Right Type of Eviction Notice.
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.