In California, a residential eviction court case is called an unlawful detainer. It is a court lawsuit used to determine whether a landlord is entitled to recover possession of a rental property. A written termination notice generally precedes the lawsuit but is not itself a court order. The process generally involves court filings, service of court papers, and a judgment. Specific requirements depend on the reason for termination, the tenancy, and applicable state or local laws.
Most residential eviction cases begin with a written notice describing the reason for termination and the applicable deadline. Common notices include a three day notice to pay rent or quit, a three day notice to perform covenants or quit, a three day notice to quit, and a 30 day or 60 day notice to terminate a tenancy. Different rules govern each notice, and some tenancies require just cause or additional notice.
For a three day notice to pay rent or quit or to perform covenants or quit, Saturdays, Sundays, and court holidays are excluded from the three day period. An unconditional three day notice to quit generally counts Saturdays, Sundays, and court holidays, unlike those two notices. Notice contents and methods of delivery are regulated by California law. See Defective Eviction Notices in California for an explanation of common notice deficiencies.
When the required notice period has expired and the legal conditions for filing are met, an unlawful detainer case may be filed in superior court. The principal forms generally include Complaint—Unlawful Detainer (UD 100) and Summons—Unlawful Detainer—Eviction (SUM 130). Other forms or attachments may be required depending on the circumstances. Filing begins the court case; it does not itself authorize removal of an occupant.
After filing, the summons and complaint must be served using an authorized method. Service of court documents is distinct from delivery of the notice that preceded the lawsuit. The method and date of service affect the deadline for responding. Posting and mailing the summons and complaint requires prior court authorization; it is not the same procedure as posting and mailing a pre lawsuit notice.
Answer to an Unlawful Detainer (form UD 105) is a common response form. Under current California court guidance, a tenant personally served with the summons and complaint generally has ten court days to file an Answer. For substituted service or posting followed by mailing, the response period is generally ten calendar days plus ten court days after mailing. Saturdays, Sundays, and court holidays are excluded when counting court days. Other procedural circumstances may affect the deadline.
If a response is filed, the case may proceed to trial, where the court considers the parties' evidence and applicable law. If no timely response is filed, the landlord may request a default judgment, subject to court requirements. A default judgment is a court decision entered without a timely filed response from the defendant; it is not automatic merely because a response deadline passes. The timing of hearings and judgments varies by case and court calendar.
A judgment awarding possession does not permit a landlord to personally remove the tenant. Enforcement ordinarily involves a court issued writ of possession and the sheriff's process. California law regulates this final stage of an eviction.
California's Tenant Protection Act includes just cause requirements for many covered residential tenancies, with exceptions. Additional local rules, federal housing requirements, and protections against unlawful discrimination or retaliation may apply. The applicable requirements depend on the property and tenancy.
Mediation is a voluntary process in which a neutral mediator facilitates discussion between the parties. It may address issues such as rent, move out dates, repairs, or other rental disagreements. Mediation does not automatically suspend court deadlines. Additional background is available in Mediation in Landlord Tenant Disputes.
Get Started