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Housing disputes in California

California has some of the strongest tenant protections in the United States — including statewide Just Cause eviction requirements under AB 1482 (2020) and extended tenant response times under AB 2347 (effective January 1, 2025). For landlords, following the correct notice procedure from the first day is critical: a wrong notice type can restart the entire process.

California evictions are called Unlawful Detainer actions and are filed in the Superior Court of the county where the property is located. The governing statutes are California Code of Civil Procedure §§ 1159-1179a.

For nonpayment of rent, a landlord must serve a 3-Day Notice to Pay Rent or Quit before filing. For lease violations, a 3-Day Notice to Perform Covenant or Quit is required. For no-fault evictions (owner move-in, substantial remodel), notice must be given well in advance and relocation assistance paid if AB 1482 applies.

AB 2347 (effective January 1, 2025) increased the tenant response time after being served the Unlawful Detainer summons from 5 court days to 10 court days. This is a significant change that extends the minimum timeline for all California evictions.

After a judgment for possession, the court issues a Writ of Possession. The county sheriff serves a 5-day notice on the occupants, then executes the writ if they have not vacated.

Notice requirements in California

Nonpayment of rent: 3-Day Notice to Pay Rent or Quit.

Lease violation (curable): 3-Day Notice to Perform Covenant or Quit.

Lease violation (incurable): 3-Day Notice to Quit.

Month-to-month termination (under 1 year tenancy): 30-Day Notice.

Month-to-month termination (1+ year tenancy): 60-Day Notice.

No-fault eviction (AB 1482 covered units): requires Just Cause + relocation assistance equal to 1 month rent.

Service methods: personal delivery, substituted service (adult at property + mailing), or posting and mailing if personal service fails after diligent attempts.

Filing information

File an Unlawful Detainer complaint in the Superior Court of the county where the property is located.

Filing fee: $240-$450 depending on county and amount claimed (California Courts Self-Help confirms $240-$450 range).

After filing, tenant must be served with Summons and Complaint by a process server or person over 18 not involved in the case (landlord cannot serve themselves).

Tenant has 10 court days to file a written Answer (effective January 1, 2025 under AB 2347 — previously 5 days).

If tenant does not respond: landlord requests default judgment from the court clerk. If tenant responds: trial is set, typically 20 days after the answer.

After judgment: Writ of Possession issued. Sheriff serves 5-day notice. Sheriff executes writ after 5 days if tenant has not vacated.

Local resources

Frequently asked questions

Does AB 1482 (Just Cause) apply to my property?+
AB 1482 applies to most residential rental units in California built before 2005. Key exemptions include single-family homes (if disclosed), condos (if disclosed), units built in the last 15 years, and owner-occupied duplexes. If AB 1482 applies, landlords need an at-fault or no-fault just cause reason to evict, and no-fault evictions require one month's relocation assistance. Verify your specific property with a California attorney or the California Department of Housing.
How long does an eviction take in California?+
An uncontested California eviction typically takes 30-90 days from the first notice to sheriff lockout. For nonpayment cases: 3-day notice + filing + 10 court days for tenant response + default processing + writ execution. In Los Angeles and San Francisco, court backlog routinely extends contested cases to 60-90 days or longer. California evictions are among the slowest in the US.
What is the filing fee for an Unlawful Detainer in California?+
Filing fees range from $240 to $450 depending on the county and the amount of rent claimed. California Courts' official self-help pages confirm this range. Fee waivers are available for landlords who cannot afford the filing fee.
Can I evict a roommate in California?+
It depends on the relationship. If you are the master tenant and your roommate is your subtenant (not on the lease), you can serve them a 30-day notice (if under 1 year) or 60-day notice (if 1 year or more). If you are both on the same lease as co-tenants, you generally cannot evict them — only the landlord can. California courts have held that co-tenants cannot bring unlawful detainer actions against each other.

General information only. This page is based on publicly available statutes and court rules. It is not legal advice, does not constitute a legal opinion, and does not create an attorney-client relationship. Laws change and individual circumstances vary. Consult a licensed attorney for guidance specific to your situation.

Quick reference — California

Key statute

California CCP §§ 1159-1179a; AB 1482; AB 2347

Filing fee range

$240-$450

Enforcement officer

County Sheriff

Uncontested timeline

30-90 days

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