California · Eviction

Facing Eviction in California: What Can I Do?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in California.

This page explains how eviction works in California, from the first notice to the sheriff. It covers the 3-day notice, paying to keep your home, just cause rules, and moving help you may be owed. It also covers your answer deadline, common defenses, the trial, and what happens if you lose.

The notice

  1. If you are behind on rent, your landlord must give you a 3-day notice to pay or quit (pay the rent or move out). The 3 days do not count Saturdays, Sundays, or court holidays. The notice must state the exact rent owed and the name, phone number, and address of the person to pay. It can only ask for rent, not late fees or utilities (water, electric, gas). If it asks for more than you owe, it is not valid.

    Sources:
    1. Code Civ. Proc. § 1161(2), California Legislative Information. Law.
    2. 3-day Notice to Pay or Quit, California Courts Self-Help Guide. A government guide.

  2. After you have lived in your home for 12 months, your landlord needs a just cause (a legal reason) to end your rental. The notice must state the reason. This is the Tenant Protection Act, Civil Code § 1946.2. The timing changes if an adult tenant was added to the lease before you had lived there 24 months. Then the rule applies only once all tenants have lived there 12 months, or one tenant has lived there 24 months.

    Source:
    1. Civ. Code § 1946.2(a), California Legislative Information. Law.

  3. Two main kinds of homes are left out of the just cause rule. First, housing that got its certificate of occupancy (the government's approval to live there) in the last 15 years. The rule still covers a mobilehome (a manufactured home), even a new one. Second, a duplex (a building with 2 homes in it), where the owner lived in the other unit when your rental began. The owner must still live there. The rule still covers it if either unit is an ADU (a smaller added unit).

    Source:
    1. Civ. Code § 1946.2(e)(6)-(7), California Legislative Information. Law.

  4. The just cause rule also does not cover a single-family home or condo, if both of these are true. First, the owner is not a corporation, a real estate investment trust, or an LLC with a corporate member. The owner is also not the management of a mobilehome (a manufactured home) park. Second, your landlord gave you a written notice saying the home is not covered. Some other homes are left out too, like dorms run by a school or college.

    Source:
    1. Civ. Code § 1946.2(e)(8), California Legislative Information. Law.

  5. To end a month-to-month rental for a no-fault reason, your landlord must give you written notice. The notice must give you at least 60 days if you have lived there 1 year or more. It must give you at least 30 days if you have lived there less than 1 year. Count every calendar day, starting the day after you get the notice.

    Sources:
    1. 30-day or 60-day Notice to Quit, How to figure out your deadline, California Courts Self-Help Guide. A government guide.
    2. Civ. Code § 1946.1(d), California Legislative Information. Law.

  6. Your landlord can give 30 days' notice instead of 60 only if all of these are true. You rent a single-family home or condo. Your landlord is selling it through escrow (the legal process for selling a home) to a buyer who is a person. That buyer plans to live there for at least 1 year. The notice must come within 120 days after that process started. And the owner has not given you this notice before.

    Source:
    1. Civ. Code § 1946.1(d), California Legislative Information. Law.

  7. If the just cause law covers your home and the reason is no fault of yours, your landlord must help you move. No-fault reasons are owner move-in, taking the unit off the market, a major remodel, or a government order. The landlord must either pay you 1 month of rent or give up your last month's rent in writing. If your rent is $2,000, that is $2,000. The payment is due within 15 calendar days after the notice is served.

    Source:
    1. Civ. Code § 1946.2(d)(1)-(3), California Legislative Information. Law.

  8. A landlord may illegally try to force you out by locking you out or shutting off utilities (water, electric, gas). Taking your belongings without your written permission first is illegal too. A landlord who does this owes you your actual losses. It also owes up to $100 for each day or part of a day it goes on, and at least $250 for each separate claim. The court must award reasonable lawyer's fees to the side that wins. You get this money only if you win your case and your landlord pays.

    Sources:
    1. Our editorial rules.
    2. Civ. Code § 789.3(c), California Legislative Information. Law.
    3. Civ. Code § 789.3(c)(2), California Legislature. Law.

  9. Retaliation is a defense. Say you complained about repairs to your landlord or a government agency, and you are not behind on rent. Then your landlord cannot evict you, raise your rent, or cut services in retaliation for 180 days after your complaint.

    Source:
    1. Civ. Code § 1942.5(a), California Legislative Information. Law.

Paying to stop the case

  1. If you do what the notice says by the deadline, your landlord should not start an eviction case. To pay, call your landlord or the landlord's agent right away. Pay by the end of the third day, by cashier's check, money order, or cash if your rental agreement allows it. Get a receipt signed by the landlord or agent showing the date and amount. If the landlord does not answer, you still have only 3 days to mail or deliver payment to the address in the notice.

    Sources:
    1. If you get a Notice, If you agree with the Notice, California Courts Self-Help Guide. A government guide.
    2. California Tenants guide, How to respond to a three-day notice, California Department of Real Estate. A government guide.

Going to court

  1. If you do not do what the notice says, your landlord can file an eviction lawsuit, called an unlawful detainer (the court's name for it). You will get a Summons and a Complaint. You have 10 court days to file an Answer on form UD-105. Court days do not count weekends or court holidays, and day 1 is the day after the papers are handed to you.

    Sources:
    1. Code Civ. Proc. § 1167(a), California Legislative Information. Law.
    2. How much time do you have?, California Courts Self-Help Guide. A government guide.

  2. If the eviction papers were left with someone else or posted on your door, you get more time to file your Answer. If you do not file, the judge can decide the case without you.

    Sources:
    1. What happens if you don’t file an Answer?, California Courts Self-Help Guide. A government guide.
    2. How much time do you have?, California Courts Self-Help Guide. A government guide.

  3. In your Answer, list your defenses (legal reasons you should not be evicted). The court considers only the defenses you list. One defense is a problem with the notice. The notice must be delivered the right way and have all the required information. A 3-day notice to pay rent or move out cannot include fees like late fees. It is not valid if it asks for more than you owe.

    Sources:
    1. 2. Check if the Notice is legal, California Courts Self-Help Guide. A government guide.
    2. 3-day Notice to Pay or Quit, How much money is owed, California Courts Self-Help Guide. A government guide.
    3. Eviction Defenses, What to know before choosing a defense, California Courts Self-Help Guide. A government guide.

  4. In a California eviction case, you may have a defense if your landlord did not fix serious problems in your home. The problems must not be caused by you or your guests.

    Source:
    1. Eviction Defenses, Your home isn't safe or livable, California Courts Self-Help Guide. A government guide.

  5. This applies when you are sued for unpaid rent and raised the home's condition as a defense. The court may find a substantial breach (serious failure) of the landlord's repair duty. Then you must pay the rent owed up to trial, lowered to what the home was worth. Pay within the time the court sets, no more than 5 days after the judgment (the court's decision). A different deadline applies if the judgment is mailed. If you do not pay in time, your landlord gets the home back.

    Source:
    1. Code Civ. Proc. § 1174.2(a), California Legislative Information. Law.

  6. After you file an Answer, either side can ask the court to set a trial. The trial must happen within 20 days of that request. You or your landlord can ask for a jury. It costs $150 plus a daily juror fee (paid for each person on the jury), and a fee waiver can cover it. Bring 3 copies of every piece of evidence: photos, rent receipts, texts, and the notice. If you do not speak English well, ask for a free interpreter as soon as you get your trial date.

    Sources:
    1. Code Civ. Proc. § 1170.5(a), California Legislature. Law.
    2. Bring evidence to court, California Courts Self-Help Guide. A government guide.

After the court decides

  1. If you lose, the court gives your landlord a judgment (the court's final decision) for possession. The landlord then gets a writ of possession (a court order for the sheriff) and gives it to the sheriff. The sheriff posts a Notice to Vacate at your home. You then have 5 days to move out. If you are still there after 5 days, the sheriff can remove you and lock the door.

    Sources:
    1. Code Civ. Proc. § 715.010(b)(2), California Legislative Information. Law.
    2. Ask for more time to move, California Courts Self-Help Guide. A government guide.

  2. If you need more than 5 days, you can ask the court for a stay of execution (extra time before the sheriff comes). You must ask at least 1 court day before the move-out date on the sheriff's notice. You must tell your landlord at least 24 hours before you go to court. The judge can give up to 40 more days, and can say no.

    Source:
    1. Deadlines for asking for more time, California Courts Self-Help Guide. A government guide.

Published by Nazanin, September 24, 2026. Sources checked October 3, 2026. Is something on this page wrong or out of date? Tell us.