Explained: The Eviction Process and Timeline in California

Some of the most common questions surrounding evictions are: How long do they take? How much will it cost? Do I need a lawyer to evict someone?

Understanding the eviction process in California is important for both landlords and tenants. The process can be complex and involves several steps. Knowing these steps can help you navigate the situation more effectively.

Introduction to the Eviction Process

In California, evictions are governed by state law, under the legal cause of action formally known as "unlawful detainers." Both parties must follow specific rules and timelines. Failure to comply can result in delays or legal issues for either side. Adhering to the civil procedure outlined in state law can speed the process and ensure a favorable court ruling for the more informed side. While courts prioritize eviction cases, shortening the time alotted for filing certain pleadings and trial setting dates, they may be delayed if procedure is not followed properly.

The five stages [and timeline] of the eviction process are:

1. Adequate Notice. [3 to 90 days, depending on type used]

2. Unlawful Detainer Action. [3 to 30 days, depending on service]

3. Trial.* [0 to 30 days, depending on answer and court calendar]

4. Judgment & Sheriff Lock Out.* [15 to 90 days, depending on sheriff department]

1. Adequate Notice

Landlords must provide a written notice which includes specific information, such as the reason for eviction, the deadline to comply, and other information. The type of notice issued by the landlord depends on the reason for eviction.

Landlords can evict tenants for various reasons. There are many types of notices, but among the most popular non-payment of rent, lease violations, or the need to occupy the property themselves. Each reason has its own set of requirements and procedures.

For example, if a tenant fails to pay rent, the landlord must provide a notice to pay or quit. This notice gives the tenant a specific number of days to pay the overdue rent or vacate the property.

2. Unlawful Detainer Action

If the deadline in the landlord's notice to the tenant expires AND the tenant does not cure the lease violation (assuming there was one to cure) AND does not vacate the premises, the landlord is forced to file an unlawful detainer complaint in the local courthouse. Once the lawsuit has been filed, the landlord must serve the tenant - which can be its own, separate step, depending on how evasive the tenant is. The tenant will have 10 days after being served the lawsuit (excluding weekends and the date of service) to file a response to the complaint filed against them.

3. Trial*

**If the tenant does NOT file a timely response to the complaint it was served, it runs the risk of losing the eviction automatically. In the sports analogy, if one team does not appear at a scheduled game on time or at all, the opposing team will be awarded an automatic risk. Similary, a landlord properly adhering to eviction deadlines can timely file for a default win on the day immediately following a tenant's deadline to file a response - skipping the need for the trial step in the eviction process entirely.**

If the tenant files a timely response, it will usually deny some or all of the allegations in the complaint and even allege facts or raise defenses. Thus, a landlord will usually request the court to set a trial date where both parties can argue their side. The trial date set by the court is usually within 21 days of its request.

4. Judgment & Sheriff Lock Out.*

After a jury trial, trial by judge, or pursuant to a default judgment filed by the landlord, the court will issue some form of judgment. In the event the court awards judgment in favor of a tenant, the order could include a restart of the eviction process (usually when the notice is found to be defective). In the event the court awards judgment in favor of the landlord, possession of the landlord's premises is award (along with any money deemed owed by the tenant).

The final step, consisting of the landlord's request that the local sheriff department come to the premises and physically remove the tenant, is not always necessary. In some instances, tenants vacate the premises pursuant to the judgment issued against them. When they do not, however, the sheriff lock-out requires an application by the landlord with a writ of possession attached. After processing the landlord's request, the sheriff department will need to visit the premises once to place notice of the lock-out, and again to conduct the physical removal of persons.

In Los Angeles County, some applications for sheriff lock out have taken as much as 90 days to be processed, for notice to be generated and posted at the premises, and for lock out to be effect.

Timeline Conclusion

If you've read this far, it is likely understood why there is no direct answer to the question: how long does the eviction process take? The short answer is: it depends. The long answer is:

(A) In the quickest-case scenario, wherein a 3-Day Notice is sufficient, the lawsuit is filed and served on days 4-5, the tenant fails to file a response by day 10, the landlord is awarded a default judgment, and neither the court nor the sheriff department delay in processing paperwork required to get to a lock-out, the absolute minimum calculation is about 21 days from start to finish.

(B) In the most delayed scenarios, assuming no steps need to be repeated, the eviction process can take up to 9 months. This occurs in instances where the landlord has to provide 60 or more days' notice of tenancy termination, and/or the tenant evades service, the tenant contests the eviction, the court filing/calendar system is backed up, and/or the sheriff department's civil section (which carries out evictions) is backed up.

(C) On average, evictions handled by Khalil Law Corporation thus far in 2024 have required about 8-12 weeks, including most delays caused by (1) service, (2) the court filing system, and (3) the overly-burdened sheriff department.

For these reasons, some landlords, offer tenants money to leave the premises as soon as possible, even making offers as late in the eviction process as the lock-out stage! Such landlords reason that it would be more profitable to motivate a tenant's departure with cash and consider their tenancy a loss, while prioritizing the resulting re-lease of the premises. 

For all your landlord-tenant matters, contact Khalil Law Corporation!