Recently updated on February 24th, 2026 at 10:30 pm

Prepare your documents for Eviction in California

This website helps prepare the forms required for Eviction in California.

An overview of Eviction at is here

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a housing advocate to get guidance on eviction-related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.

4. File with the Clerk

You can formally begin the eviction case by filing your forms with the clerk at the correct California court. You will be informed about which courthouse to file at, as it's important to file in the proper county where the rental property is located. You can file your documents in person at the courthouse or, in many cases, submit them online using the court's e-filing system.

Process

Step 1

You: Take Online Screening

Begin your eviction process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer some simple questions about your rental situation and the tenant issue you are facing. This screening is designed to confirm whether filing an eviction case is appropriate for your situation and which specific forms and steps you will need. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and your case details. Before starting, gather all relevant documents to support your eviction claim.

Step 2

You: Gather Evidence and Issue the 3-Day Notice to Pay Rent or Quit

Collect all supporting documents for your eviction case, including:

Signed lease or rental agreement
Records of rent payments or missed payments
Any written communication or prior notices sent to the tenant

Prepare a 3-Day Notice to Pay Rent or Quit in compliance with California law (Code of Civil Procedure § 1161(2)). You can generate this notice through LegalAtoms or upload your own.
Serve the notice properly—either in person, with a responsible adult at the residence, by mail, or posting on the property—and keep proof of service for court filing.

Step 3

You: Wait for the Notice Period to Expire

After serving the 3-Day Notice to Pay Rent or Quit, you must wait the full three business days (not including weekends or court holidays) for the tenant to either pay the rent due or vacate the property.

If the tenant complies, the eviction process ends.
If the tenant fails to respond, pay, or vacate, you can move forward with filing an Unlawful Detainer (eviction) case.

Step 4

You: Create Your Eviction Case on LegalAtoms

Log in to your LegalAtoms account, or create a new one if you don’t already have an account. From your dashboard, click “Start New Case” and select “Eviction (California)” as the case type. The platform will walk you through entering key information, including:

The tenant’s full name and contact information
Rental property address and lease terms
Uploads of supporting documents such as the lease, 3-Day Notice to Pay Rent or Quit, and rent payment records

Step 5

You: Serve the Summons and Complaint

Once your Unlawful Detainer case is filed, the court will issue a Summons and a copy of your Complaint to officially notify the tenant about the eviction lawsuit.

Serve the Tenant:
You are required to have someone 18 or older and not involved in the case serve these documents—you cannot serve them yourself. This can be:

A process server
A friend or relative
The Sheriff’s Department (available in some counties)

Once the tenant has been properly served, a Proof of Service (POS) form must be completed and filed with the court. If the Sheriff or a registered process server handles the service, they will typically file this proof for you. It is critical that this step is done correctly to avoid delays in your case.

Step 6

Wait for Tenant’s Response

After the tenant has been served with the Summons and Complaint, you must wait to see if they file a formal response. The tenant has a legally required timeframe to respond:

5 court days (excluding weekends and court holidays) to respond to the possession claim (Count I)
20 calendar days to respond to the monetary damages claim (Count II), if included

During this period, monitor your LegalAtoms dashboard and any court communications closely.

If the tenant does not file a response within these deadlines, LegalAtoms will alert you that you are eligible to request a default judgment, which can help you move the eviction process forward without a court hearing.

Step 7

You, Request Default Judgment or Prepare for Hearing

If the tenant does not respond within the required timeframes, LegalAtoms will walk you through preparing and filing a Request for Entry of Default and a Default Judgment. This allows the court to rule in your favor without requiring a hearing, saving you time and effort.

However, if the tenant files a response and requests a hearing, LegalAtoms will help you prepare by:

Explaining what documents and evidence to bring (e.g., lease, notices, rent records)
Providing guidance on how to present your case clearly and professionally
Preparing you for what to expect during the court appearance

Step 8

You: Obtain Final Judgment and Writ of Possession

If the court rules in your favor, the judge will issue a Final Judgment for Possession, officially granting you the legal right to reclaim the rental property.

Then file a Request for Writ of Possession through LegalAtoms. Once the court issues the writ:

You must deliver the writ and pay the required fees to the Sheriff’s Office
The sheriff will serve the tenant with a 5-Day Notice to Vacate
If the tenant does not move out within five days, the sheriff will return and physically remove the tenant from the property.

You then regain legal possession of the property and can secure or prepare it for future use.

FAQs

What is an eviction?

What are valid reasons for eviction in California?

The valid reasons for eviction in California are mainly divided into two types: at-fault and no-fault. At-fault reasons include when a tenant does not pay rent, breaks the lease agreement, causes damage to the property, creates a nuisance for other tenants or neighbors, or is involved in illegal activities on the premises.

A landlord can also evict a tenant if they sublet the unit without permission, refuse to allow the landlord to enter the unit for inspections or repairs, or refuse to sign a similar lease after the previous one ends.

What is the eviction process in California?

The eviction process in California starts when a landlord gives the tenant a written notice, such as a 3-Day Notice to Pay Rent or Quit, a 3-Day Notice to Cure or Quit, or a 30/60-Day Notice to Vacate (for no-fault cases).

If the tenant doesn’t comply with the notice, the landlord can file an Unlawful Detainer (eviction) lawsuit in court. After filing, the tenant is served with a Summons and Complaint and usually has 5 court days to respond. If the tenant doesn’t respond, the landlord can request a default judgment. If the tenant does respond, the case goes to a court hearing, where a judge decides the outcome. If the judge rules in favor of the landlord, the court issues a judgment for possession and the landlord can request a Writ of Possession.

This writ is given to the county sheriff, who then posts a 5-day Notice to Vacate on the property. If the tenant still doesn’t leave, the sheriff returns and forcibly removes the tenant from the unit.

How long does the eviction process take?

What happens if my filing is rejected?

When will I hear back about my filing?

Can a landlord evict a tenant without going to court?

Are there fees associated with filing an eviction?

Do tenants have rights regarding security deposits after eviction?

Where can I get help with eviction issues?

Court Forms Created This website guides you through all the topics required to complete your eviction documents and file your case.

Core Forms

3 Day Notice to Quit (Non-payment of rent)
Summons
Complaint (Unlawful Detainer)
Plaintiff Mandatory Cover Sheet And Supplemental Allegations

Judgment

Request for Entry of Default
Verification By Landlord Regarding Rental Assistance
Declaration For Default Judgment By Court

Writ Of Possession

Request to Set Case for Trial
Writ of Execution