California Evictions Law
Landlord Tenant Eviction Process - Unlawful
Detainer

1. Landlord gives Tenant a 3-day, 30-day, 60-day or 90-day
notice.
2. File and serve Tenant with Summons and Complaint.
3. Tenant has 5 days to file a written Answer to the
Complaint after they are served with the lawsuit. Unknown
occupants have 10 days after service.
4. On the 6th day, our office calls the Court to see if an
answer has been filed.
5. If no Answer, our office files the Default. If the Tenant
files an answer, we file a request for trial.
6. On the 11th day, we call the Court to see if any other
occupants have answered.
7. If not, we file the Default, Clerk’s Judgment, Writ and
Sheriff’s instructions.
8. Within 2-5 days, the Clerk should process the paperwork
and forward it to the Sheriff.
9. The Sheriff then posts the 5-day notice to vacate within 4
days after they receive the Writ.
10. After the 5 days are up, the Sheriff meets you at the
property so you can change locks.
11. After the lockout, our office obtains a Money Judgment
for you. This can take several months for the Court to
process.

See the
Eviction Overview at the California Judicial Branch
website.

Eviction Flowchart

Step 1: Provide Notice to Pay or Quit
• Serve demand in a legal manner
• Wait for demand date on notice to expire

Step 2: FILE SUMMONS & COMPLAINT – UNLAWFUL
DETAINER
• File with Court and Serve Tenant
• Wait 5 days for Tenants to answer
• Wait 10 days for Unknown Occupants to answer

Step 3: FILE DEFAULT or if Tenant Answers Go to TRIAL
• If Tenant does not answer, a default package is filed.
• Wait 2-5 days for Court to enter Judgment.
• If Tenant answers your Complaint, hearing is set within 15-20 days.  
After trial a judgment for damages and a writ of possession is entered.

Step 4: NOTIFY SHERIFF TO EVICT TENANT
• The Sheriff will post the Writ at the premises within 2-4 days of
receipt.
• Lockout is scheduled for 6-7 days after post
• Our office notifies you with date of lockout.
• Sheriff calls the day before lockout with the time the lockout is
scheduled for.

How Long Does Eviction Take?
The approximate time from service of lawsuit to lockout is:
• 28-32 days for uncontested
• 46-60 days for contested

What do you Charge?
Our fee is just $750 for an uncontested eviction.  


See Related:

Landlord Tenant Issues
Land Trusts and Asset Protection
Contracts
Land Trusts
Corporate Governance
Employment Law
Estate Planning
Foreclosure Law
General Practice
Landlord Tenant Law
Premises Liability
Real Estate Broker Law
Real Estate Litigation
Trusts Law

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Facsimile
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