For landlords in California, the unlawful detainer process can feel overwhelming—especially with strict notice requirements, detailed legal procedures, and strong tenant protections. Whether a tenant stops paying rent, violates the lease, or refuses to vacate, understanding each stage of the eviction process helps landlords act confidently, avoid costly mistakes, and restore possession of their property as quickly as the law allows.
California’s eviction system is efficient when followed properly, but even a small error can delay the process for weeks. A clear overview of the steps—from serving notice all the way to the sheriff’s lockout—ensures landlords stay compliant and prepared.
Stage 1: Serving the Proper Notice
Every eviction begins with a legally required notice. The type of notice depends on the issue:
- 3-Day Notice to Pay Rent or Quit for unpaid rent.
- 3-Day Notice to Cure or Quit for correctable violations, such as unauthorized occupants or pets.
- 3-Day Unconditional Quit Notice for severe misconduct or illegal activity.
- 30-Day or 60-Day Notice to Terminate Tenancy for no-fault or end-of-lease terminations.
The notice must contain accurate information, be served properly, and allow the tenant the full statutory period before a lawsuit can be filed.
Stage 2: Filing the Unlawful Detainer Complaint
If the tenant does not comply with the notice:
- The landlord files an unlawful detainer complaint in the appropriate California court.
- The tenant is then served with the lawsuit and summons.
- The tenant has 5 court days to respond.
If the tenant does not file a response, the landlord can pursue a default judgment. If the tenant contests the eviction, the case moves forward to trial.
Stage 3: Preparing for the Court Hearing
Eviction trials move quickly—often within 10–20 days after the landlord requests a hearing. Landlords must bring:
- The lease agreement.
- Copies of all served notices.
- Rent ledgers and payment records.
- Photos, inspection reports, or documentation of violations.
- Communications with the tenant.
Preparation and accuracy are critical because unlawful detainer cases follow expedited court rules.
Stage 4: Judgment and Issuance of the Writ of Possession
If the landlord wins or the tenant defaults:
- The court issues a Judgment for Possession.
- The landlord requests a Writ of Possession—an order authorizing the sheriff to remove the tenant.
This writ is essential; landlords cannot legally perform any self-help eviction measures such as lock changes or utility shutoffs.
Stage 5: Sheriff Lockout and Regaining Possession
Once the writ is issued:
- The sheriff posts a 5-Day Notice to Vacate on the property.
- If the tenant does not move out, the sheriff returns to conduct the lockout.
- The landlord regains legal possession and can change the locks at that time.
This is the only lawful method of removing a tenant in California.
Did You Know?
California courts will dismiss an eviction case entirely if the initial notice is even slightly flawed—requiring the landlord to restart the entire process.
Legal Support for the Entire Eviction Process
Navigating the unlawful detainer process requires precise compliance at every step. At Putterman Law, our attorneys guide landlords from the initial notice through court filings, trial preparation, judgments, and sheriff lockouts. We help landlords prevent costly mistakes, enforce their rights, and regain possession of their properties as efficiently as possible.
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FAQs
What happens if a landlord serves the wrong notice?
The eviction may be dismissed, requiring the landlord to re-serve the correct notice and restart the timeline.
How long does the full unlawful detainer process take?
Most uncontested cases take 30–45 days, while contested cases can take longer depending on scheduling and tenant defenses.
Can a tenant be removed before the lockout?
No. Only the sheriff can legally remove a tenant after a writ of possession is issued.
What documents should landlords bring to the eviction hearing?
The lease, notices, payment records, communications, and evidence of violations are essential for proving the case.
How does Putterman Law assist landlords during eviction?
Putterman Law prepares all notices and filings, represents landlords in court, ensures compliance with legal requirements, and manages the lockout process.
