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How long does an eviction take in California? The statutes set the pace of each step, from a three-day notice through a trial held within 20 days of a request and a sheriff’s five-day notice to vacate, but the total depends on the county court, the sheriff’s schedule and whether the tenant responds. The eviction case itself is an unlawful detainer, governed by the Code of Civil Procedure starting at section 1161. Before any of this, most tenancies of 12 months or more need a just cause; see our California just cause eviction guide.
Quick answer: An uncontested California eviction for unpaid rent can reach a lockout in roughly five to eight weeks from the notice in a court without a backlog; a contested case more often takes two to four months or longer. These are estimates, not statutory figures. The fixed pieces are a 3-day notice (excluding weekends and court holidays), 10 court days to respond after service, trial within 20 days of a request to set it, and 5 days after the sheriff’s notice to vacate.
The California eviction timeline, step by step
| Step | Time allowed | Law |
|---|---|---|
| Notice to pay rent or quit, or to fix a violation | 3 days, excluding Saturdays, Sundays and court holidays | CCP 1161(2)–(3) |
| Notice to quit for nuisance, waste, unlawful use or unlawful subletting | 3 days | CCP 1161(4) |
| No-fault or periodic termination notice | 30 days if the tenant has lived there under a year, 60 days if longer | Civil Code 1946.1 |
| Landlord files the unlawful detainer complaint | After the notice expires; no fixed deadline | CCP 1161 |
| Tenant is served with the summons and complaint | Varies with how quickly the tenant can be served | — |
| Tenant’s response due | 10 court days after personal service | CCP 1167(a) |
| Trial, if the tenant responds | No later than the 20th day after a request to set trial | CCP 1170.5(a) |
| Judgment and writ of possession | Writ issued on the landlord’s request if the landlord wins | CCP 1170.5(a) |
| Sheriff’s notice to vacate | 5 days after service or posting | CCP 715.010(b)(2) |
| Reclaiming belongings left behind | 15 days after the landlord takes possession | CCP 715.010(b)(3) |
Step 1: The notice
Every eviction starts with a written notice, and the kind of notice sets the first stretch of the timeline.
- Three-day notice to pay rent or quit. Under CCP 1161(2), operative February 1, 2025, the tenant has three days, excluding Saturdays, Sundays and other judicial holidays, to pay. The notice must state the amount due and the name, phone number and address of the person to pay, along with when they are available or how to pay electronically. It can be served any time within one year after the rent became due.
- Three-day notice to perform or quit for a curable lease violation, with the same three-court-day count (CCP 1161(3)).
- Three-day notice to quit for nuisance, waste, unlawful use or subletting in violation of the lease (CCP 1161(4)).
- 30- or 60-day notice to end a periodic tenancy (Civil Code 1946.1). Where the just cause law applies, it must state the cause, and a no-fault notice requires relocation equal to one month’s rent (Civil Code 1946.2(d)). See California lease termination notice periods.
Say a three-day notice to pay or quit is served in person on Thursday, October 15, 2026. Counting only court days, and assuming no court holidays fall in between, the three days are Friday, October 16, Monday, October 19 and Tuesday, October 20. The landlord can file on Wednesday, October 21.
A defective notice can reset the clock. Under 1946.2(g), a notice that fails to comply with the just cause law is void, and failing to strictly comply with the relocation rules voids it too (1946.2(d)(4)). A landlord would have to start over with a new notice. Landlords may not charge a fee for serving a notice (CCP 1161(6)).
Step 2: Filing and service
Once the notice period ends without payment or a move-out, the landlord files an unlawful detainer complaint in superior court and has the tenant served with the summons and complaint. No statute sets how long service takes. A tenant who is home and served in person on the first attempt moves the case faster than one who has to be served by substituted service or posting.
Step 3: The 10-court-day response window
Since January 1, 2025, a tenant has 10 days, excluding Saturdays, Sundays and other judicial holidays, to file a response after personal service (CCP 1167(a), as amended by AB 2347, Stats. 2024, ch. 512). Before that, the period was 5 days. A tenant served through the Secretary of State’s Safe at Home program gets 5 more court days (1167(b)).
For substituted service or posting, the California Courts self-help guide describes 10 calendar days after mailing, followed by the 10 court days.
Continuing the example: if the tenant is personally served on Monday, October 26, 2026, the 10 court days run through Monday, November 9, 2026.
If the filing fee for a response is a problem, see our court fee waiver guide.
Step 4: Default or trial
If the tenant doesn’t respond, the landlord can ask the court for a default judgment once the response period ends. How long the clerk or judge takes to enter it depends on the court’s workload.
If the tenant responds, the next step is a request to set the case for trial. Under CCP 1170.5(a), trial “shall be held not later than the 20th day following the date that the request to set the time of the trial is made.” The statute sets a maximum only; it does not create a minimum waiting period. The court can extend that deadline only if all parties agree, or after a hearing on the question (1170.5(b)). In the example, a request made on Tuesday, November 10, 2026 means trial by Monday, November 30, 2026.
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Social Security defense. AB 246 (Stats. 2025, ch. 337) added Civil Code 1946.3, effective January 1, 2026. In a nonpayment case, a tenant can raise an affirmative defense that federal action terminated, delayed or reduced their Social Security benefits. If the defense succeeds, the court stays the case until benefits resume or 6 months pass, whichever comes first, and the tenant must pay the back rent, or agree to a payment plan, within 14 days after benefits are restored. The section is repealed on January 20, 2029. The bill text is on leginfo.
Step 5: Judgment, writ and the sheriff’s 5-day notice
If the landlord wins, the court enters judgment and, on the landlord’s request, issues a writ of possession (CCP 1170.5(a)). The landlord takes the writ to the sheriff. The sheriff serves or posts a notice to vacate, and under CCP 715.010(b)(2) the tenant has five days to leave before the sheriff removes the occupants and gives possession to the landlord. The courts’ self-help page puts it simply: the notice “gives you 5 days to move out.” The lockout date itself is scheduled by the sheriff’s office.
Belongings left behind are not immediately lost. The writ must state that personal property left on the premises will be sold or disposed of unless the tenant pays the landlord the reasonable cost of storage and takes it back no later than 15 days after the landlord takes possession (CCP 715.010(b)(3)).
How long does an eviction take in California from start to finish?
Adding the steps up gives a rough range. The statutory periods are fixed; filing, service, default processing, writ issuance and sheriff scheduling are not, and they vary a great deal by county. The totals below are estimates, not figures from any statute or court.
| Path | Illustrative calendar (same example) | Rough total from notice to lockout |
|---|---|---|
| Uncontested (default) nonpayment case | Notice Oct 15; filed Oct 21; served Oct 26; response due Nov 9; default and writ perhaps a week or two later; sheriff’s 5-day notice after that | About 5 to 8 weeks where the court and sheriff have no backlog |
| Contested nonpayment case | Response filed Nov 9; trial by Nov 30; writ, sheriff’s notice and 5 days after judgment | About 2 to 4 months, longer with extensions or a busy court |
| No-fault case (30- or 60-day notice) | Add the 30 or 60 days of notice before filing | The notice period plus the ranges above |
What stretches a case: a tenant who is hard to serve, a defective notice that has to be re-served, a court with a long queue for defaults or trials, extensions agreed to by the parties or granted after a hearing, a stay under 1946.3, and a sheriff’s office with a long lockout list. Local rent ordinances can also add notice and cause requirements; see the Los Angeles and San Francisco guides. You can check the status of a filed case through our court case lookup by county.
Questions people ask
How many days does a tenant have to respond to an eviction in California?
10 court days after personal service, excluding weekends and judicial holidays (CCP 1167(a)). The period was 5 days before January 1, 2025.
Can a landlord evict you in 3 days in California?
No. A three-day notice only starts the process. The landlord still has to file a case, serve it, win a judgment and have the sheriff post a 5-day notice before a lockout.
How soon is the trial in an eviction case?
If the tenant responds, trial must be held no later than the 20th day after a request to set it, unless the parties agree to an extension or the court grants one after a hearing (CCP 1170.5).
How long do I have to get my things after a lockout?
You can reclaim them by paying reasonable storage costs no later than 15 days after the landlord takes possession (CCP 715.010(b)(3)).
Related California renter guides
- California just cause eviction: at-fault and no-fault reasons
- California lease termination notice: 30-day vs 60-day rules
- When a landlord must pay relocation assistance
- Cash for keys: tenant buyouts and your rights
- California court fee waiver
- California court case lookup by county
After the sheriff posts the notice to vacate, the tenant has 5 days to move out before the sheriff removes the occupants (CCP 715.010(b)(2)).
This page explains what the cited California law says. It is not legal advice. Last verified September 28, 2026.