This guide provides a neutral overview of the unlawful detainer (eviction) process in California. It is for informational purposes only and is not legal advice. Local rules and protections (such as “just cause” requirements) may apply. Consult courts.ca.gov or an attorney for guidance specific to your situation.

ProServer CA is a registered process server in California, providing compliant service of process statewide.

Official Resources

• Self-Help Center: courts.ca.gov/12968.htm

• Court Forms: courts.ca.gov/forms.htm

Key forms commonly used in unlawful detainer cases include:

• UD-100: Complaint for Unlawful Detainer – courts.ca.gov/document/ud100

• CIV-100: Summons – courts.ca.gov/document/civ100

• CP-10: Prejudgment Claim of Right to Possession – courts.ca.gov/document/cp10

• POS-010: Proof of Service of Summons – courts.ca.gov/document/pos010

Step-by-Step Process

1. Determine Grounds and Prepare the Notice

• Typical grounds include non-payment of rent, breach of lease, or remaining in the unit after the tenancy has ended (holdover).

• For most residential tenancies in California, “just cause” is required to terminate the tenancy.

• Common notices:

  • 3-Day Notice to Pay Rent or Quit

  • 3-Day Notice to Perform (Cure) or Quit

  • 30- or 60-Day Notice to Terminate Tenancy (and longer in some situations)

2. Identify Who Must Be Served

• All tenants named on the lease or who are clearly tenants should be served with the notice.

• If there are unknown occupants, landlords often list “John/Jane Doe” and later use form CP-10 (Prejudgment Claim of Right to Possession) with the summons and complaint to address unnamed occupants and avoid delays.

3. Serve the Notice

• Personal service (handing the notice directly to the tenant) is preferred when possible.

• If personal service is not successful after reasonable attempts, substituted service (leaving with a responsible person at the residence and mailing a copy) or “posting and mailing” (nail & mail) may be used, following legal requirements.

• The landlord must wait for the full notice period to expire (e.g., 3 days, 30 days, or 60 days) before filing an unlawful detainer case.

4. File the Complaint if There Is No Compliance

• If the tenant does not comply with the notice (e.g., does not pay, move, or cure the violation), the landlord may file an unlawful detainer complaint (UD-100) in the superior court for the county where the property is located.

5. Serve the Summons and Complaint

• After filing, the landlord must have the tenant(s) properly served with:

  • The Summons (CIV-100)

  • The Complaint for Unlawful Detainer (UD-100)

  • CP-10 if seeking to include unknown occupants

• Service should be done by someone who is not a party to the case, often a registered process server. Personal service is generally preferred.

6. Tenant Response

• Tenants typically have 10 business days (depending on method of service and local rules) to file a written response with the court.

• If no response is filed, the landlord may request a default judgment.

7. Trial and Judgment

• If the tenant responds and contests the case, the court will set a trial date, often within about 20 days after the landlord requests trial.

• After the trial, the court may enter judgment, which can include possession of the property and possibly rent, costs, and other amounts.

8. Lockout and Enforcement

• If the landlord wins and receives a judgment for possession, the court can issue a writ of possession.

• The writ is delivered to the sheriff, who typically posts a notice and then returns to perform the lockout, often within 5–10 days (timing varies by county and workload).

Aftermath

• Tenant Personal Property:

  • If a tenant leaves personal property behind, the landlord generally must store it and give notice.

  • Tenants usually have 15–18 days to claim their property, depending on whether the notice is personally delivered or mailed.

  • If the property is worth more than a certain amount (often around $700, but verify current law), an auction process may be required.

• Security Deposit:

  • Landlords must provide an itemized statement and accounting of the security deposit, usually within 21 days, even if there is a remaining balance owed.

• Collections:

  • If the judgment includes unpaid rent, costs, or damages, the landlord may use collection methods or hire specialists to pursue payment.

Common Mistakes to Avoid

• Using the wrong type of notice or incorrect notice period for the situation.

• Improper service of the notice, summons, or complaint, which can result in delays or dismissal.

• Failing to document attempts at service or keeping incomplete records.

• Not including all necessary parties (such as unknown occupants using CP-10 where appropriate).

FAQs

How long does an unlawful detainer case take?
Many cases take approximately 30–90+ days from the initial notice to lockout, depending on compliance, court schedules, and whether the case is contested.

How much does it cost?
Court filing fees for unlawful detainer cases frequently range around $240–$385, depending on the amount demanded and county, plus service of process fees and any additional legal costs.

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