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

Take-Screening

1. Take Screening

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

Prepare-Documents

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.

questionAndAnswer

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.

Submit-to-Court

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

Start by collecting all relevant documents to support your eviction case, including:

  • The lease or rental agreement signed by you and your tenant

  • Records of rent payments or missed payments

  • Any written communication or notices previously sent to the tenant

Next, prepare the required 3-Day Notice to Pay Rent or Quit in compliance with California law (Code of Civil Procedure § 1161(2)). You can use LegalAtoms’s document generator to quickly create a properly formatted notice, or upload your own if you already have one.

It is crucial to serve the notice correctly—either by handing it to the tenant personally, leaving it with someone of suitable age at the residence and mailing a copy, or posting it on the property and mailing a copy. Keep a copy of the notice and proof of service, as this will be required when you file your case with the court.

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 pays the rent or moves out during this time, the eviction process ends. However, if the tenant fails to respond, pay, or vacate, you are legally allowed to move forward and file an Unlawful Detainer (eviction) case with the court.

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

  • The 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 within the legally required timeframes:

  • 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

At the hearing, you’ll have the chance to explain your case to the judge, respond to any tenant claims, and request possession of the property and any unpaid rent or damages.

Step 8

You: Obtain Final Judgment and Request 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.

Next, you can 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 24-hour Notice to Vacate

  • If the tenant fails to move out within 24 hours, the sheriff will physically remove the tenant from the property

At that point, you will regain legal possession of the rental unit and may begin securing or cleaning the property for future use.

FAQs

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

  • Judgment (Unlawful Detainer)

  • Verification By Landlord Regarding Rental Assistance

  • Declaration For Default Judgment By Court

Writ Of Possession

  • Request to Set Case for Trial

  • Writ of Execution