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Pay or Quit – A California Pay or Quit notice is sent when a tenant does not pay rent on time. It explains how much is owed and warns that eviction may follow if payment is not made.
Cure or Quit – A Cure or Quit notice in California is used when a tenant violates the lease in a way that can be fixed. It explains the issue and gives the tenant a chance to correct it and remain in the rental.
Termination of Month-to-Month Tenancy (30-Day Notice) – This notice is used when a landlord decides not to continue a month-to-month tenancy. It formally informs the tenant that the rental agreement will end.
Notice to Quit for Illegal Activity – A California Notice to Quit for Illegal Activity is issued when serious unlawful conduct occurs at the property. These notices often require the tenant to vacate without an opportunity to fix the issue.
Eviction Laws
- Rent Grace Period: None
- Non-Payment of Rent: 3-day notice.[1]
- Lease Non-Compliance: 3-day notice.[2]
- Termination of Month-to-Month Tenancy:
- 30 days (tenancy under 1 year)
- 60 days (tenancy over 1 year).[3]
- Eviction Lawsuit Type: Summary Proceedings for Obtaining Possession of Real Property in Certain Cases.[4]
Prohibited Landlord Actions
California strictly prohibits landlords from forcing tenants out without a court order. Landlords may not shut off or interrupt utilities—such as water, electricity, or gas—at any stage of terminating a tenancy.[5]
If a landlord violates this rule, the tenant may recover:
- Actual damages
- Up to $100 per day for each day the violation continues.[6]
Landlords are prohibited from changing locks or otherwise interfering with a tenant’s ability to access the rental unit without a court order.[7]
How to Evict a Tenant in California (Step-by-Step)
Step 1: Serve Notice on the Tenant
The landlord must serve the appropriate notice based on the situation,
Step 2: File Papers with the Court
If the tenant does not comply, the landlord may file an eviction case in the county where the property is located. Required filings include:
The standard filing fee is $435, though additional fees may apply in certain counties, including Riverside, San Bernardino, and San Francisco.[8]
Step 3: Serve the Tenant
A licensed process server must personally serve the tenant with the filed court documents. The server completes a Proof of Service, which the landlord then files with the court.
Step 4: Wait for the Tenant’s Response
The tenant has:
- 5 days to respond if served in person
- 15 days to respond if served by mail
The tenant responds by filing an Answer (Form UD-105). If no response is filed, the landlord may proceed toward a default judgment.
Step 5: Seek a Judgment
If the tenant fails to respond, the landlord may request a default judgment by filing:
- Request for Entry and Default Judgment (CIV-100)
- Judgment for Unlawful Detainer (Form UD-110)
- Writ of Possession (Form EJ-130)
Step 6: Deliver the Writ of Possession to the Sheriff
Once the court issues a writ of possession, the landlord delivers it to the local sheriff’s office. The sheriff enforces the eviction and removes the tenant if they do not vacate voluntarily.
Court Forms & Resources
- Complaint (Form UD-100)
Filed by the landlord to explain the legal basis for the eviction.
- Cover Sheet (Form CM-010)
Filed with the complaint for court tracking and statistical purposes.
- Summons (Form SUM-130)
Official notice that a lawsuit has been filed and served on the tenant.
- Proof of Service
Completed by the process server after delivering court documents to the tenant.
- Answer (Form UD-105)
Allows the tenant to admit or deny the claims made in the complaint.
- Request to Set Case for Trial (Form UD-150)
Used to schedule a court date once the case is at issue.
- Judgment for Unlawful Detainer (Form UD-110)
Documents the court’s final decision. - Writ of Possession (Form EJ-130)
Authorizes the sheriff to remove the tenant if necessary.
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