Eviction notices and the legal process

Plain language

Eviction in California is a court process called 'unlawful detainer.' It starts with a written notice (commonly a 3-day notice to pay rent or quit, or to cure a lease violation), then a court case. A landlord can never force a tenant out without a court order.

Statute text

To evict, a landlord must serve the correct written notice and, if the tenant does not comply, file an unlawful detainer lawsuit. Common notices: a 3-day notice to pay rent or quit (the 3 days exclude weekends and judicial holidays); a 3-day notice to cure or quit for a fixable lease violation; or a 30-/60-/90-day notice to end a tenancy (see notice-period article). Only a sheriff, acting on a court judgment and writ of possession, may physically remove a tenant. Tenants have the right to respond in court and raise defenses. Both sides benefit from keeping written records.

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