California eviction laws are complex and ever-evolving as they strive to create a balance between the rights of landlords and tenants. However, they also need to address the growing challenges of housing one of America’s most populated states.
As 2025 gets underway, these laws will reflect the state’s commitment to housing stability, tenant protections, and fair treatment for all parties involved. If you are looking to understand the eviction processes and laws in California, we have put this comprehensive overview together to help you.
What Is the Eviction Process in California?
The California eviction process is governed by strict legal guidelines. This means that landlords cannot simply ask tenants to leave; they need to adhere to and follow specific steps to legally regain access to their property.
This process is as follows:
Step 1: Valid grounds for eviction
A landlord must have a legally valid reason to initiate the eviction process, with some of the most common grounds for removal include:
- The tenant has failed to pay rent despite notices
- They have breached the lease terms, such as subletting without permission or having unauthorized pets.
- Undertaking actions that disturb neighbors or damages the property.
- The lease has come to an end and you are not renewing.
- The landlord is removing the rental unit from the market, known as the Ellis Act.
Step 2: Serving the eviction notice
The eviction process begins with the landlord serving a formal notice to the tenant. This could either be a:
- Three-day notice to pay rent or quit
This is used when a tenant has not paid rent and gives them three days to do so or to vacate the property.
- Three-day notice to perform covenant or quit
This notice is issued when a tenant has violated the lease agreement, such as having unauthorized occupants, and gives them three days to correct or leave.
- Thirty or sixty-day notice to vacate
This is typically used for no-fault evictions, with the duration usually depending on how long the tenant has lived at the property.
Step 3: Filing an unlawful detainer lawsuit
If the tenant does not comply with the notice period within the required timeframe, then the landlord will need to file an unlawful detainer lawsuit in court. Once served, the tenant has five court days to respond.
Step 4: Court proceedings
If the tenant files a response, the case will need to proceed to court, where both parties will have an opportunity to present evidence and make their arguments. A judge will then decide whether the eviction is valid and can proceed.
If the tenant does not respond, the landlord can request a default judgment.
Step 5: Writ of possession
If the court rules in favor of the landlord, they will issue a writ of possession. This allows the local sheriff to remove the tenant from the property, although the tenant is usually given five days to voluntarily vacate the premises.
Step 6: Recovering damages
Landlords may also be able to pursue monetary damages if the tenant owes back rent or has caused property damage. This is often done as part of the unlawful detainer lawsuit or through a separate small claims case.
Related: Kansas Evictions | Laws and Protections in 2024
How Long Does the Eviction Process Take in California
The timeline for a California eviction will vary depending on a number of factors, such as how cooperative the tenant is being, the availability of courts, and the compliance with notice periods. On average, the timeline will begin with the notice period, which will be either three days for nonpayment or lease violations or up to 60 days for no-fault evictions.
If the tenant does not leave the property after the eviction notice has been served, then it will go to the courts. Filing and serving the lawsuit will typically take a week, and the tenant then has five court days to respond. Should they contest the eviction process, then it can take up to 30 days to schedule a court hearing.
California eviction laws stipulate that if the court rules in favor of the landlord, then the sheriff will be able to remove the tenant. Obtaining and executing the writ of possession can take between seven and 14 days.
In total, an uncontested eviction could take up to 60 days, while a contested case may increase to 90 days or longer.
What is the eviction moratorium in California?
The eviction moratorium in California refers to a set of temporary legal protections designed to prevent landlords from evicting tenants under certain circumstances. The California eviction moratorium is particularly utilized during emergencies or periods of economic hardship, and it was initially introduced in 2020 during the COVID019 pandemic.
The protections set out in the eviction moratorium aim to provide housing stability for tenants facing financial challenges while still balancing a landlord’s right to earn an income from their property.
The background of the California eviction moratorium
The statewide eviction moratorium was implemented as part of the emergency legislation to address the widespread financial and housing insecurities caused by the global pandemic. Some of the key features included are:
- Protection from eviction for nonpayment of rent
Tenants who were unable to pay their rent due to the coronavirus pandemic were given the right to be shielded from eviction if they were able to provide clear documentation on their hardship.
- Delays in court actions
The lockdown and pandemic meant that traditional court dates and actions were delayed. The moratorium also prohibited landlords from pursuing eviction cases for covered tenants during the period.
- Rent repayment plans
The California eviction moratorium also allowed tenants to repay their unpaid rent over a certain period of time without facing immediate removal. This was particularly beneficial for those individuals whose jobs had ceased, or income reduced.
What is the current status of the eviction moratorium in 2025?
Although the statewide eviction moratorium has now officially expired, certain localized protection do remain in place. The government has decreed that cities and counties across California have the authority to enforce their own rules and regulations regarding the eviction process.
As of 2025, this includes:
- Los Angeles County
Specific tenant protections continue, including rules around rent control, repayment timelines, and protections for low-income renters.
- San Francisco
The city of San Francisco also maintains very strict eviction protections and rent control policies that limit a landlord’s ability to remove a tenant without them having a just cause.
Related: Idaho Evictions | Laws and Protections in 2024
Key Considerations for Landlords and Tenants
Understanding and navigating California’s ever-changing eviction laws can be very challenging. Both landlords and tenants must understand their rights and responsibilities to avoid falling foul of any legal missteps.
For landlords
Some of the key considerations that landlords should know include:
- Following all legal procedures strictly
California has some of the strictest eviction laws in the United States. Missing one of the key steps we outlined above could significantly delay the eviction process or even result in your case being dismissed entirely.
Landlords should also ensure that they are always using the correct tenant eviction notice (such as a three-day notice etc.). - Maintain clear documentation
Landlords should keep meticulous records of all communications, rental agreements and notices that have been served. You should also document tenant violations, the payment history and property conditions to support the case should it proceed to court. - Understand local regulations
California’s eviction laws can vary significantly by city or county. Rent-controlled areas or jurisdictions with tenant protection ordinances often have additional requirements, such as a just-cause evictions or relocation assistance.
Before renting a property out, make sure that you check and understand all the local laws to ensure compliance. - Offer solutions where possible
Evictions can be a costly and time-consuming process. Where possible, consider offering a repayment plan or other resolution to help you save time and preserve landlord-tenant relationships where possible.
You can also consider opting for mediation services to help resolve disputes without litigation. - Seek professional guidance
You should work with an attorney who specializes in California real estate law. They will have the knowledge and experience to help guide you through the process and provide valuable support when you need it most.
For tenants
Some of the key tenant rights and considerations include:
- Know your rights
California law protects tenants from an unjust eviction, particularly in rent-controlled areas or jurisdictions with just-cause ordinances. Make sure you familiarize yourself with state laws on eviction notices, repayment plans and legal defense. - Respond promptly to notices
If you receive an eviction notice, make sure that you respond to it promptly and within the specified time frame. Ignoring notices can lead to a default judgment against you. Depending on the notice that you receive, you may be able to resolve the problems without having to go through court proceedings. - Document your situation
Make sure that you keep records of all rent payments, lease agreements and communication with your landlord. This will help support your argument should you contest the eviction notice. - Seek legal assistance
If you are struggling with paying your rent, there are various nonprofit organizations and legal aid groups that are able to offer free or low-cost assistance to tenants facing eviction. If your landlord has violated eviction procedures, then you may have grounds to contest the eviction so speaking to a legal professional will help you understand your situation and what you can do. - Understand legal protections
Finally, make sure that you understand what protections you have available. This will depend on the region, but some of the most common include notice periods, rent caps and limitations on no-fault evictions.
If you are unsure, check with your local tenant advocacy organization or city resource for guidance.
Related: Arizona Evictions | Laws and Protections
Final Thoughts
California eviction laws are designed to ensure real estate is fair and transparent for both landlords and tenants alike. No matter whether you are navigating the eviction process as a landlord or defending your rights as a tenant, make sure that you stay aware of the latest laws and timelines.
At TentantCloud, we’re on a mission to help make real estate leasing easier and simpler for both parties through our single portal. Want to find out more? Sign up for your free trial today!
Frequently Asked Questions
What Is the Legal Reason for Eviction in California?
Landlords must have a valid legal reason to evict tenants, such as nonpayment of rent, a violation of lease terms, or nuisance behavior. There are also no-fault reasons, such as the landlord removing the property from the rental market.
How long does the eviction process take in California?
The eviction timeline will depend on a variety of factors. On average, an uncontested eviction could take up to 60 days, while a contested case may take longer than 90.
Can landlords evict tenants without cause?
In most areas of California, landlords cannot evict tenants without just cause, particularly in rent-controlled cities. Even for no-fault evictions, landlords must adhere to specific procedures and often provide relocation assistance.
What is the eviction moratorium in California?
California implemented an eviction moratorium during the COVID-19 pandemic to protect tenants from eviction due to financial hardship. While the statewide moratorium has ended, some local jurisdictions continue to enforce specific protections. Check with your city or county for current rules.
What happens if a tenant refuses to leave after an eviction judgment?
If a tenant does not vacate after an eviction judgment, the landlord can request a writ of possession. The sheriff will enforce the writ, giving the tenant five days to leave before physical removal.
