To evict a month-to-month tenant in California, you serve a written termination notice giving either 30 or 60 days depending on how long the tenant has lived in the unit, and if the tenant does not leave by the end of that period, you file an unlawful detainer lawsuit and let the county sheriff carry out the lockout after you win a judgment for possession. A contested case typically runs two to three months from the first notice to the sheriff removing the tenant. Uncontested cases move faster, but every step still has to be done correctly. Skipping a requirement, using the wrong notice period, or trying to force the tenant out yourself can wipe out weeks of work and expose you to damages.
Decide Whether You Need Just Cause
California’s Tenant Protection Act, Civil Code Section 1946.2, bars landlords from ending a tenancy without a legally recognized reason once the tenant has lived in the unit for at least 12 continuous months.1California Legislative Information. California Code CIV 1946.2 The law recognizes two kinds of reasons.
At-fault reasons are about tenant conduct: nonpayment of rent, breach of a material lease term, nuisance, or criminal activity on the property. For most at-fault grounds, you have to give the tenant a chance to cure the problem before you can terminate.
No-fault reasons include moving yourself or a close family member into the unit, pulling the property off the rental market under the Ellis Act, or doing substantial renovations that require the unit to be empty. A no-fault termination triggers relocation assistance equal to one month’s rent, either paid to the tenant or waived from the final month’s rent in writing, regardless of the tenant’s income. The termination notice itself must tell the tenant about that right.
Which Properties Are Exempt
Not every rental falls under the Tenant Protection Act. The main exemptions:
- Housing with a certificate of occupancy issued within the last 15 years.
- Single-family homes and condos, as long as the owner is not a corporation, real estate investment trust, or LLC with a corporate member.
- Owner-occupied duplexes where the owner shares the property, and some deed-restricted affordable housing.
To claim an exemption, you must have given the tenant a specific written notice of the exemption, either in the lease or as a standalone document. Without that notice, the just cause rules still apply.1California Legislative Information. California Code CIV 1946.2
Local Ordinances Can Add Requirements
Dozens of California cities, including Los Angeles, San Francisco, Oakland, Berkeley, Santa Monica, San Jose, and San Diego, run their own rent control or just cause ordinances on top of state law. Local rules can shorten the list of acceptable reasons, require larger relocation payments, mandate specific notice language, or require registration of the rental unit. Check with your city’s housing or rent stabilization department before you serve anything.
Pick the Right Notice Period
Civil Code Section 1946.1 sets two possible notice periods based on how long the tenant has been in the unit:2California Legislative Information. California Code CIV 1946.1
- Less than one year of occupancy: 30-day written notice.
- One year or more of occupancy: 60-day written notice.
If the property is covered by just cause, the notice also has to identify the specific legal reason with enough detail for the tenant to understand it and, when the ground is curable, respond to it. The wrong notice period, or a missing reason when the reason is required, makes the notice defective, and a court will most likely throw out any lawsuit built on it.
Write and Serve the Termination Notice
The notice needs the full legal names of every adult on the rental agreement, the complete street address including any unit number, and the exact date the tenancy ends. Count the 30 or 60 days carefully; the termination date cannot fall before the notice period runs out. If just cause applies, describe the reason plainly and cite the applicable ground under Section 1946.2. Judicial Council forms and legal templates help with formatting, but a plain-paper notice with all the required content is valid, and a slick template missing key facts is not.
California Code of Civil Procedure Section 1162 sets three acceptable ways to deliver the notice, in order of preference:3California Legislative Information. California Code of Civil Procedure Section 1162
- Personal delivery. Hand the notice directly to the tenant. This starts the notice period immediately and is easiest to prove.
- Substituted service. If the tenant is not at home or at work after reasonable attempts, leave the notice with another adult at the residence and mail a copy by first-class mail.
- Post-and-mail. If no one at all can be found, attach the notice to a conspicuous spot such as the front door and mail a copy to the tenant at the property address.
With substituted service or post-and-mail, the notice period generally begins on the date of mailing, which effectively adds mailing time. Whoever serves the notice must complete and sign a Proof of Service, a written declaration under penalty of perjury stating the date, time, and method of delivery. That form becomes your main evidence in court.
Do not use email or text alone. Federal law prohibits serving an eviction notice for a primary residence by electronic means only, even if the tenant previously agreed to electronic communications.4Office of the Law Revision Counsel. Title 15 – Commerce and Trade, Chapter 96 – Electronic Signatures in Global and National Commerce
File an Unlawful Detainer Lawsuit
If the tenant stays past the date the notice period expires, the next step is an unlawful detainer, California’s fast-track eviction case. You file three forms:
- UD-100, Complaint—Unlawful Detainer, which lays out when the tenancy began, how and when you served the termination notice, and the tenant’s failure to vacate.5California Courts. Complaint – Unlawful Detainer (UD-100)
- SUM-130, Summons—Unlawful Detainer, which notifies the tenant of the lawsuit and the response deadline.
- CM-010, Civil Case Cover Sheet.
In the Complaint, include exact dollar amounts for any unpaid rent and the daily holdover rate, meaning the pro-rated daily value of the rent for each day the tenant remains after the termination date. Vague or missing numbers slow the case down.
Filing fees depend on the total damages you claim:6California Courts. Statewide Civil Fee Schedule
- Up to $10,000: $240.
- $10,001 to $25,000: $385.
- Over $25,000: $435.
Riverside, San Bernardino, and San Francisco add a local courthouse construction surcharge, so the fee may be slightly higher. Many courts accept e-filing. Once the clerk processes the paperwork, you get a stamped Summons that officially starts the case.
Serve the Summons and Wait for the Answer
The stamped Summons and Complaint must be delivered to the tenant by someone at least 18 years old who is not a party to the lawsuit, either a registered process server or another qualified adult. This is a separate step from serving the termination notice and requires its own Proof of Service filed with the court. Professional process server fees generally run $40 to $150 depending on how many attempts are needed and whether you ask for rush service.
After personal service, the tenant has 10 court days to file a written Answer.7California Courts. Summons – Unlawful Detainer – Eviction (Form SUM-130) Court days exclude Saturdays, Sundays, and court holidays. If the tenant was served by substituted service or posting, the deadline extends to 20 days from the date of mailing. This 10-court-day window replaced the older 5-day deadline when Assembly Bill 2347 took effect.8California Legislative Information. AB-2347 Summary Proceedings for Obtaining Possession of Real Property
Default, Trial, and Sheriff Lockout
When the Tenant Does Not Answer
If no Answer is filed by the deadline, you can ask the court for a default judgment by filing a Request for Entry of Default. Before the court will grant a default, federal law requires an affidavit stating whether the tenant is an active-duty servicemember. The Servicemembers Civil Relief Act imposes this requirement in every civil case where the defendant has not appeared, and failing to file the affidavit can void the judgment.9United States Courts. Servicemembers Civil Relief Act (SCRA) You can check military status through the Department of Defense’s online database.
When the Tenant Answers
Once an Answer is filed, either party can file a Request to Set Case for Trial on Form UD-150. The court must schedule the trial within 20 days of that request.10California Legislative Information. California Code CCP 1170.5 Actual scheduling depends on the court’s calendar and often takes longer. Unlawful detainer trials are short bench trials focused on whether the notice and termination were legally proper.
The Writ and the Lockout
After you get a judgment for possession, whether by default or after trial, the court can issue a Writ of Execution on Form EJ-130, which authorizes the county sheriff to carry out the eviction.11California Courts. Writ of Execution (EJ-130) You bring the writ to the sheriff’s department with written instructions and a fee that varies by county, commonly $105 to $150. The sheriff posts a five-day Notice to Vacate on the property, giving the tenant one last chance to leave.12California Courts. Form EJ-130, Writ of Execution If the tenant is still there after five days, the sheriff returns, physically removes the occupants, and hands possession back to you.
What You Cannot Do Yourself
Civil Code Section 789.3 makes self-help evictions illegal. You cannot change the locks, shut off utilities, remove doors or windows, or move the tenant’s belongings outside to pressure them into leaving. Doing any of this exposes you to a $100 penalty for each day the violation continues plus the tenant’s actual damages, and a court can order you to let the tenant back in.13California Office of the Attorney General. Protecting Tenants Against Unlawful Lockouts Only the sheriff, acting on a Writ of Execution, can physically remove a tenant.
After You Get the Property Back
Belongings Left Behind
The tenant may leave personal property in the unit after the lockout. Civil Code Sections 1983 and 1984 require you to send the former tenant a written Notice of Right to Reclaim Abandoned Property before you dispose of anything.14California Legislative Information. California Code CIV 1984 The notice has to describe the property, tell the tenant where to pick it up, and give a claim deadline of at least 15 days if delivered in person or at least 18 days if mailed. What you can do with unclaimed property depends on its estimated value: below a statutory threshold, you can keep, sell, or discard it; above the threshold, it generally must be sold at a public sale, with proceeds applied to storage costs and amounts the tenant owes and any surplus turned over to the county. Skipping the notice can make you liable for the value of the property.
The 21-Day Security Deposit Deadline
Within 21 days after you regain possession, whether the tenant left voluntarily or the sheriff removed them, you must return the security deposit along with an itemized statement of any deductions.15California Office of the Attorney General. Know Your Rights as a California Tenant – Security Deposits Only four categories can be deducted: unpaid rent through the termination date, damage repair beyond normal wear and tear, cleaning to restore the unit to its move-in condition, and, when the lease specifically allows it, replacement of the landlord’s furniture or furnishings. If repairs will not be finished within 21 days, send a good-faith cost estimate by the deadline and then a final itemized statement plus any remaining deposit within 14 days of completing the work. Miss the deadline or fail to itemize, and the tenant can recover the full deposit in a lawsuit plus potential penalties.
If the Tenant Files Bankruptcy
A tenant’s bankruptcy filing triggers an automatic stay that generally halts collection and eviction activity. If you already have a judgment for possession before the bankruptcy petition is filed, the stay does not stop you from continuing the eviction.16Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay The stay also does not apply when the eviction is based on the tenant endangering the property or using controlled substances on the premises, as long as you file a certification with the bankruptcy court. If the tenant files before you have a possession judgment, talk to an attorney before doing anything else; proceeding without permission from the bankruptcy court can violate the stay and lead to sanctions.