Facing Eviction in California: What Can I Do?
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.
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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.
California Legislative Information Code Civ. Proc. § 1161(2) California Courts Self-Help Guide 3-day Notice to Pay or Quit✓ Sources checked September 21, 2026
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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.
California Courts Self-Help Guide If you get a Notice, If you agree with the Notice California Department of Real Estate California Tenants guide, How to respond to a three-day notice✓ Sources checked September 24, 2026
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After you have lived in your home for 12 months, your landlord needs a just cause (a legal reason) to end your tenancy. 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.
✓ Sources checked September 22, 2026
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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, even a new one. Second, a duplex where the owner lived in the other unit when your tenancy began and still lives there. The rule still covers a duplex if either unit is an ADU (a smaller added unit).
✓ Sources checked September 22, 2026
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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, an LLC with a corporate member, or mobilehome park management. 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.
✓ Sources checked September 22, 2026
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To end a month-to-month tenancy 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.
California Courts Self-Help Guide 30-day or 60-day Notice to Quit, How to figure out your deadline California Legislative Information Civ. Code § 1946.1(d)✓ Sources checked September 22, 2026
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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, and it is in escrow to a buyer who is a person. That buyer plans to live there for at least 1 year. The notice comes within 120 days after escrow opened. And the owner has not given you this notice before.
✓ Sources checked September 23, 2026
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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.
✓ Sources checked September 22, 2026
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A landlord may illegally try to force you out by locking you out, shutting off utilities, or taking your belongings without your prior written OK. 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.
RenterLaw editorial California Legislature Civ. Code § 789.3(c) California Legislature Civ. Code § 789.3(c)(2)✓ Sources checked September 23, 2026
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If you do not do what the notice says, your landlord can file an unlawful detainer case (the court name for an eviction lawsuit). 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.
California Legislative Information Code Civ. Proc. § 1167(a) California Courts Self-Help Guide How much time do you have?✓ Sources checked September 22, 2026
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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.
California Courts Self-Help Guide What happens if you don’t file an Answer? California Courts Self-Help Guide How much time do you have?✓ Sources checked September 24, 2026
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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.
California Courts Self-Help Guide 2. Check if the Notice is legal California Courts Self-Help Guide 3-day Notice to Pay or Quit, How much money is owed California Courts Self-Help Guide Eviction Defenses, What to know before choosing a defense✓ Sources checked September 22, 2026
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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.
✓ Sources checked September 24, 2026
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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.
✓ Sources checked September 24, 2026
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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.
✓ Sources checked September 22, 2026
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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, 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.
California Legislative Information Code Civ. Proc. § 1170.5(a) California Courts Self-Help Guide Bring evidence to court✓ Sources checked September 21, 2026
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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.
California Legislative Information Code Civ. Proc. § 715.010(b)(2) California Courts Self-Help Guide Ask for more time to move✓ Sources checked September 21, 2026
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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.
✓ Sources checked September 22, 2026
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