I’m a California landlord with a troublesome tenant. I’ve given the tenant a 3-day notice, but he still won’t leave. What next? What is the California eviction process?

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

If you have already served the tenant with any one of the notices mentioned above and, despite all of your efforts the tenant still will not leave, you may file an unlawful detainer action against the tenant to remove him/her. The unlawful detainer action is simply a lawsuit. You, the landlord, may file the necessary papers in Superior Court once the notice period has ended. Note that you may NOT evict a tenant without filing and unlawful detainer action and going through the process. See Self-Help Evictions in California. Once filed, the tenant is given an opportunity to file a response with the court. If the tenant files a response, the landlord may set the case for trial. Both you and the tenant are entitled to request a jury trial, but you will have to pay the jury fees (as of May 2010, $150). The jury (or judge if there is no jury) will ultimately decide whether or not to grant the landlord possession of the rental property plus any costs, fees, back rent, etc., if any. If the landlord wins, he/she may have the sheriff remove and/or lock the tenant out of the rental. If at any time you think you are in over your head, you can always seek the advice and counsel of a California evictions attorney.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption