Being Evicted
Code Civ. Proc. 1161 — a written notice, a court case, and a sheriff's writ
In California, a landlord gets a home back through an unlawful detainer case in court. For unpaid rent, it starts with a written notice giving three days, not counting Saturdays, Sundays and judicial holidays, to pay the rent or give up possession. The notice states the amount due and the name, telephone number and address of the person to pay, or an account at a financial institution within five miles of the rental, or an electronic transfer procedure already set up.
| The situation | The notice the codes set |
|---|---|
| The situationRent not paid | The notice the codes setThree days, excluding weekends and judicial holidays, to pay or leave |
| The situationAnother term of the lease broken, where it can still be performed | The notice the codes setThree days, excluding weekends and judicial holidays, to perform it or leave |
| The situationSubletting against the lease, waste, a nuisance or an unlawful use | The notice the codes setThree days' notice to quit |
| The situationA month to month tenancy, by the owner, where the tenant has lived there a year or more | The notice the codes setAt least 60 days' written notice |
| The situationThe same, where the tenant has lived there less than one year | The notice the codes setAt least 30 days' written notice |
After 12 months, most tenancies end only for a just cause stated in the notice. Once a tenant has continuously and lawfully occupied a home for 12 months, the owner may not end the tenancy without just cause, and the cause is stated in the written notice. At fault causes include unpaid rent, a breach of a material term, a nuisance and waste. No fault causes include the owner or a close relative moving in, taking the unit off the rental market, and demolishing or substantially remodeling it. Some homes are exempt from the section.
For a no fault termination under that section, the owner either pays relocation assistance or waives the final month's rent, in an amount equal to one month's rent, and the notice tells the tenant of that right. Relocation assistance is paid within 15 calendar days of service of the notice. A curable lease violation gets a notice with a chance to cure before a three day notice to quit without one.
- The notice may be handed to the tenant personally.
- If the tenant is away from home and work, it may be left with a person of suitable age and discretion at either place, and a copy mailed to the home.
- If neither place can be found or no such person is there, it may be posted in a conspicuous place on the property, handed to someone living there if anyone can be found, and mailed to the property.
Once the case is filed and the tenant is served, the response is due within 10 days, excluding Saturdays, Sundays and judicial holidays. If the landlord wins, the levying officer serves a writ of possession, and if the occupants have not left within five days of that service, the officer removes them and puts the landlord in possession.
A landlord may not lock a tenant out or cut the utilities to force a move. A landlord who, to end a tenant's occupancy, cuts off water, heat, electricity, gas or another utility, changes the locks, removes doors or windows, or takes the tenant's belongings without written consent is liable for actual damages and up to $100 for each day or part of a day the violation continues, and not less than $250 for each separate cause of action, plus reasonable attorney's fees to whoever prevails.
Local rent and eviction ordinances in some cities add to these rules and are not set out here. Neither are the rules for mobilehomes, commercial tenants, claims of right to possession by occupants not named in the case, or storage of property left behind.
Sources for this section (7)
- Code Civ. Proc. 1161 — Unlawful detainer: when a tenant is guilty of it, and the three day notice
- Code Civ. Proc. 1167 — Summons and the time to respond in an unlawful detainer
- Civ. Code 1946.2 — Just cause for ending a residential tenancy
- Civ. Code 1946.1 — Notice to end a periodic residential tenancy
- Code Civ. Proc. 1162 — Service of the notice to quit
- Code Civ. Proc. 715.020 — Writ of possession of real property: contents and the time to vacate
- Civ. Code 789.3 — A landlord's interruption of utilities or exclusion of a tenant
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.