Recently updated on October 12th, 2026 at 09:17 pm
Prepare your documents for Eviction in California
This website helps prepare the forms required for Eviction in California. An overview of Eviction in California 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 provide 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 fill in your responses wherever they are 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 Start box at the top of this page, 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 by 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
You: 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 10 court days (excluding weekends and court holidays) after being served to respond.
During this period, monitor your LegalAtoms dashboard and any court communications closely.
If the tenant does not file a response within this deadline, 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 timeframe, 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 judgment for possession, officially granting you the legal right to reclaim the rental property.
Then request a Writ of Execution (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?
An eviction is a legal process where a landlord seeks to remove a tenant from a rental property. In California, the landlord must follow specific legal steps, including providing proper notice and obtaining a court order before removing a tenant. A landlord cannot simply remove a tenant without a court process.
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 10 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?
The duration varies but typically:
- Notice Period: 3 days for non-payment of rent.
- Court Process: If uncontested, it may take a few weeks.
- Contested Cases: If the tenant contests, it can take longer, depending on court schedules.
What happens if my filing is rejected?
If your filing is rejected, you can make the necessary changes and resubmit your filing.
When will I hear back about my filing?
It may take up to three (3) business days to receive confirmation of your filing.
Can a landlord evict a tenant without going to court?
No, in California, a landlord cannot legally evict a tenant without going to court.
Are there fees associated with filing an eviction?
Yes. Landlords must pay court filing fees when filing an eviction. Tenants may also have to pay fees when responding. However, tenants who cannot afford fees may apply for a waiver by submitting a Request to Waive Court Fees (form FW-001) to the court.
Do tenants have rights regarding security deposits after eviction?
Yes, tenants in California have rights regarding their security deposits even after eviction.
Where can I get help with eviction issues?
Tenants and landlords can:
- Access court-approved eviction forms.
- Get assistance at the courthouse self-help center or through legal aid organizations.
- Ask an attorney for advice.
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