Overview

In California, filing an eviction case—formally known as an Unlawful Detainer action—means asking the Superior Court to legally remove a tenant who refuses to leave after proper notice. This judicial route ensures fairness, documentation, and enforcement through a sheriff rather than personal confrontation. The process transforms a private housing dispute into a court-supervised proceeding governed by the California Code of Civil Procedure §§1159–1179a.

Landlords initiate such cases when tenants fail to pay rent, breach lease terms, or stay beyond notice periods. Tenants, in turn, gain a structured opportunity to respond, present defenses, or negotiate settlements before any removal occurs. Every stage—from notice to final lockout—is reviewed by a judge to ensure compliance with state and local housing laws.

Filing an eviction case correctly matters. A single mistake in paperwork or service can restart the process entirely, costing weeks and hundreds of dollars. This guide outlines the complete workflow to file an eviction case in California—from verifying notice to receiving a sheriff’s writ of possession—and shows how LegalAtoms simplifies it by generating forms, tracking deadlines, and integrating with county courts digitally.

Who Can Apply and Who Benefits

Only the rightful owner or authorized property manager may file an Unlawful Detainer action in California. This ensures the party initiating eviction has a legitimate legal interest in the property. Filing without such authority results in dismissal.

Eligible applicants include:

• Individual landlords who own residential or commercial property leased to tenants under valid rental agreements.
• Property managers or agents listed on written management contracts who act on behalf of the owner.
• Housing authorities, nonprofit housing organizations, and public entities administering subsidized units.

Ineligible applicants include roommates lacking ownership rights, unlisted agents, or buyers who have not yet completed title transfer. Courts verify standing at filing; incorrect designation may void the complaint entirely.

Beneficiaries:
Both landlords and tenants benefit from a formal court process. Landlords gain enforceable judgments ensuring legal possession and recovery of unpaid rent. Tenants benefit from due-process safeguards, including formal notice, access to defenses, and potential mediation. Courts benefit by maintaining public order and consistent housing standards.

The filing process particularly helps landlords who face tenants ignoring repeated notices. Once the complaint is accepted, the matter becomes official, compelling the tenant’s participation. For tenants, it ensures that any eviction claim is legitimate—based on proper documentation and judicial oversight rather than private pressure.

Using LegalAtoms, both sides access structured guidance: landlords answer dynamic questions about rent defaults, lease clauses, and notices served; tenants receive alerts when cases appear in the system and can generate their Answer (UD-105) automatically. This transparency improves compliance and trust in California’s housing framework.

Benefits of Filing Through Court Properly

Filing through court, instead of attempting self-help eviction, protects all parties and ensures enforceable results. A court judgment is more than paperwork—it’s the state’s confirmation that removal complies with statutory and constitutional requirements. The benefits extend beyond legal safety; they reinforce professionalism and predictability in rental management.

For landlords:

• Legal possession is returned without risk of harassment claims or police intervention.
• Judgments enable collection of back rent and court costs through wage garnishment or liens.
• Compliance with judicial process strengthens credibility with future tenants and lenders.

For tenants:

• Guarantees they cannot be locked out or have utilities disconnected without a judge’s approval.
• Offers an opportunity to present defenses—habitability issues, discrimination, or payment records—before losing housing.
• Provides clear timelines and access to free or low-cost legal aid.

Procedural compliance minimizes risk of dismissal, saving weeks of delay. Courts strictly enforce form requirements, notice periods, and service proofs. Platforms such as LegalAtoms automate these steps, preventing common mistakes like filing in the wrong county or using outdated forms.

Ultimately, filing correctly through court preserves dignity and fairness. It ensures both landlord and tenant receive impartial review, the cornerstone of California’s tenant-protection philosophy.

Step 1: Verify That the Notice Period Has Expired

Before filing an eviction, the landlord must confirm that the legally required notice period has fully expired. California courts dismiss cases filed even a single day early. The applicable period depends on the reason for eviction:

• 3-Day Notice to Pay Rent or Quit — for unpaid rent or lease violations.
• 30-Day or 60-Day Notice — for terminating month-to-month tenancies.
• 90-Day Notice — for subsidized or Section 8 tenancies under federal law.

Timing excludes weekends and judicial holidays when the last day falls on one. Landlords must also confirm that notice delivery followed one of three methods allowed under Code of Civil Procedure §1162: personal service, substituted service, or posting + mailing. An invalid notice voids the entire case, even if the tenant clearly defaulted.

Accurate documentation is crucial. The landlord should retain a copy of the notice, a completed Proof of Service, and ideally timestamped photos if posting was used. Courts often ask for the server’s declaration at filing.

LegalAtoms automates this step. Its system calculates the expiration date, accounting for weekends, and generates a compliance checklist ensuring no premature filing. It even blocks submission until the notice period legally ends. This safeguard eliminates one of the most common causes of eviction-case rejection in California courts.

Verifying notice expiration demonstrates procedural respect and prevents dismissal. It’s the foundation upon which every lawful eviction rests.

Step 2: Gather the Required Court Forms and Evidence

After the notice period ends, the landlord compiles the official filing packet. The California Judicial Council provides standardized forms to ensure uniformity across all 58 counties. Missing even one form or leaving a required field blank can delay acceptance.

Mandatory documents include:

• Complaint – Unlawful Detainer (UD-100): states the facts, notice type, and rent owed.
• Civil Case Cover Sheet (CM-010): categorizes the case for court tracking.
• Summons (SUM-130): instructs the tenant to respond within 5 business days.
• Proof of Service of Notice: validates that notice delivery met statutory rules.

Landlords may also attach copies of the lease, payment ledger, and communication logs as exhibits. Judges rely heavily on written evidence; oral claims rarely suffice. Everything should be neatly labeled and legible. If any part of the form contradicts another—such as mismatched addresses—the clerk can reject the filing outright.

In counties like Los Angeles and San Diego, filings can be done electronically through approved e-filing providers. Others still require in-person submission at the Civil Division window. Filing fees generally range from $240 to $450 depending on claim value.

LegalAtoms simplifies preparation by automatically populating these Judicial Council forms based on user responses. It merges evidence, labels exhibits, and produces a single court-ready PDF packet. Each packet includes filing instructions specific to the county selected.

Thorough documentation strengthens credibility, reduces clerk rejections, and sets the tone for an efficient proceeding. Organized filings demonstrate professionalism—a quality judges notice immediately.

Step 3: File the Complaint at the Correct Superior Court

Choosing the proper venue is vital. The eviction case must be filed in the Superior Court of the county where the rental property is physically located—never where the landlord resides. Filing in the wrong county leads to immediate dismissal under venue rules.

Upon arrival (or e-filing), the clerk reviews the forms, checks signatures, and collects fees. Once accepted, the court assigns a case number and stamps each document “Filed.” The landlord receives conformed copies, one set for records and one to serve on the tenant. These stamped copies prove the case is now officially before the court.

The landlord must then arrange service of process—delivery of the Summons and Complaint to each adult occupant named. Only a neutral third party aged 18 or older may perform service; landlords cannot serve papers themselves. Service may be personal, substituted (to another adult), or posting + mailing if all else fails.

Once service is complete, the server signs and files a Proof of Service (SC-104A or POS-010). This starts the tenant’s five-day countdown to respond. Failure to file this proof halts progress entirely.

LegalAtoms provides venue lookup by ZIP code, automatically directing users to the correct Superior Court and generating county-specific instructions. It tracks proof-of-service deadlines and prevents premature default requests. These built-in checks align with California’s strict procedural standards.

Filing at the correct court converts a private dispute into a state-sanctioned proceeding. It’s the official threshold between negotiation and lawful adjudication.

Step 4: Serve the Tenant Properly

After filing the Unlawful Detainer Complaint, the landlord must legally “serve” the tenant with the Summons and Complaint—delivering official notice that the eviction case exists. Proper service is not optional; it is the constitutional mechanism that provides due process. Without it, any judgment issued by the court can be vacated. The California Code of Civil Procedure §1162 defines strict service methods, each with exact timing and documentation rules.

Personal Service: A neutral adult (18 or older, not a party to the case) hands the Summons and Complaint directly to the tenant. This is the preferred method and starts the five-business-day response count immediately. The server must note the exact time, date, and location of delivery.

Substituted Service: If the tenant cannot be found after reasonable attempts, the server may leave the papers with another responsible adult at the residence or workplace and then mail copies to the same address. This adds ten days to the response period.

Post and Mail Service: As a last resort, the server posts copies on the property in a visible location (such as the front door) and mails another copy to the tenant. Courts allow this only after personal and substituted methods have failed.

Improper service is the number-one reason eviction cases are delayed or dismissed. Servers must file a sworn declaration detailing how service occurred. Landlords cannot serve the papers themselves. Some counties also require process servers to be registered or bonded.

LegalAtoms automation ensures accuracy: it asks which service method was used, validates timing rules, and generates a ready-to-file Proof of Service form. It flags common errors such as missing mailing dates or wrong recipient names. Tenants also benefit by receiving clear digital copies so they can respond on time.

Proper service is the bridge between paperwork and lawful process. It notifies tenants respectfully and preserves the court’s authority to decide the case.

Step 5: File Proof of Service with the Court

Once the Summons and Complaint have been delivered, the landlord (or server) must file a Proof of Service with the Superior Court. This document confirms when, how, and to whom the eviction papers were served. Without it, the case cannot move forward. Courts rely on this affidavit to verify jurisdiction—without proof, the court assumes the tenant was never notified.

The proof form—POS-010 or county-specific equivalent—includes critical details:

• Name and address of the person served.
• Exact date and time of delivery.
• Service method (personal, substituted, or posting + mailing).
• Server’s declaration under penalty of perjury.

If service was substituted or posted, the mailing date must also appear; the five-day response period begins only after the last required act (usually mailing). Courts reject incomplete proofs frequently, restarting the waiting period entirely.

Professional process servers typically handle this filing electronically or by mail. Self-represented landlords can deliver it in person at the court’s Civil Division counter. The clerk stamps a “Filed” copy, which becomes part of the official record.

LegalAtoms integration: after the user marks “Service completed,” the platform automatically fills out POS-010, verifies dates against California Code of Civil Procedure §1162, and creates a PDF for e-filing or in-person submission. This automation removes guesswork and ensures proofs are accepted the first time.

Timely filing of proof is more than a formality—it establishes the court’s power to act. Once accepted, the tenant’s deadline to respond begins, and the case moves from service to adjudication. Neglect this step and the entire process stalls.

Step 6: Wait for the Tenant’s Response and Monitor Deadlines

Once proof of service is filed, the tenant has a limited time to respond. The clock starts the day after service is completed. If served personally, the tenant has five business days to file an Answer (UD-105) with the same Superior Court. If served by substituted or post and mail methods, they receive an additional ten days for mail delivery. These deadlines are strict—missing them can result in immediate judgment for the landlord.

During this period, the landlord should monitor the case docket daily to see if the tenant filed a response. If no response appears after the deadline, the landlord can proceed to request a default judgment. If a response is filed, the court sets a trial date within 20 days.

Tenants who file answers usually raise defenses—habitability issues, improper notice, or discrimination. Landlords should review these carefully and prepare evidence accordingly. Ignoring a tenant’s response can lead to dismissal or counterclaims. If the tenant files a fee-waiver (FW-001), the court will evaluate it before scheduling trial.

LegalAtoms tracks these timelines automatically, sending alerts when a tenant’s deadline expires or an Answer is detected through county records. This feature eliminates manual monitoring and ensures landlords respond within legal windows. Tenants also receive reminders about their filing rights and links to the UD-105 form.

This step represents California’s commitment to due process. The state gives every tenant a chance to defend their home before a judge orders removal. By observing deadlines precisely, both sides preserve credibility and avoid unnecessary delays or dismissals.

Step 7: Request a Default Judgment if No Response Is Filed

If the tenant does not file a response within the allowed time, the landlord may request a default judgment. This means the court grants possession without a trial because the tenant did not contest the case. To do this, the landlord files a Request for Entry of Default (JUD-100) and a Declaration for Default Judgment (UD-116).

The landlord must prove the following:

• Proper service was completed and proof filed.
• The response deadline has passed with no Answer on record.
• Rent and costs claimed are accurate and documented.

If approved, the court signs a Judgment for Possession and issues a Writ of Possession (EJ-130), authorizing the sheriff to evict the tenant. This writ is the only document that permits law enforcement to remove a tenant. Landlords cannot do so personally.

Courts scrutinize default requests closely to prevent abuse. If any error appears in service dates, rent amounts, or form entries, judges return the packet for correction. Accuracy is essential.

LegalAtoms helps prepare default requests automatically once deadlines expire. It populates judgment forms, calculates total rent due, and generates a ready-to-file PDF that meets Judicial Council standards. It even creates the follow-up writ application so landlords can proceed to enforcement without delay.

Requesting default judgment is the culmination of careful procedure. It rewards compliance and attention to detail—proof that the landlord respected California’s due-process requirements at every step.

Step 8: Obtain and Deliver the Writ of Possession

After the court grants judgment for possession, the next step is to obtain a Writ of Possession—the official court order authorizing the sheriff to evict the tenant. Without this document, even a winning landlord cannot legally regain the property. California Code of Civil Procedure §715.010 governs this step, ensuring evictions are carried out only by public officers, not landlords or agents.

The writ is issued by the court clerk upon request, usually after the landlord files a Request for Writ of Possession (EJ-130). The document lists the case number, parties, judgment date, and property address. It commands the county sheriff to restore possession to the landlord and remove any occupants not lawfully entitled to remain.

Once the writ is ready, the landlord or attorney must deliver it to the Sheriff’s Civil Division in the same county. Each office has specific procedures and fees (typically $145–$175). Some counties accept e-submissions through online portals; others require in-person delivery. The sheriff’s office schedules an enforcement date based on workload—usually within 10–20 days.

The sheriff then posts a Notice to Vacate at the rental property, giving tenants five calendar days to move voluntarily. This notice period is non-negotiable. If tenants leave during this window, the landlord avoids the physical lockout cost. If not, deputies return on the sixth day to complete the eviction.

LegalAtoms automation: once a landlord’s judgment is entered, the platform automatically generates a pre-filled EJ-130 and county-specific cover sheet for sheriff submission. It also calculates deadlines and adds sheriff contact details based on ZIP code, streamlining compliance across California’s 58 counties.

Obtaining the writ marks a transition—from litigation to enforcement. It validates that the eviction has met every due-process safeguard and now proceeds under the authority of the court, ensuring peace, transparency, and legal finality.

Step 9: Coordinate with the Sheriff for Lockout

When the writ reaches the sheriff’s office, the enforcement phase begins. The sheriff is the only official authorized to remove tenants physically from a rental unit in California. Neither the landlord nor private security can perform this step under any circumstance. Violating this rule exposes the landlord to civil and criminal penalties, even after winning the case.

Upon receiving the writ, the sheriff posts a Notice to Vacate at the property. This notice informs tenants they have five days to vacate voluntarily. If the tenant fails to leave, the sheriff schedules a lockout date and time, during which deputies will return, remove remaining occupants, and hand possession back to the landlord.

Landlords must prepare by bringing new locks and a locksmith to the site. Sheriffs do not change locks themselves; their role is to maintain peace and supervise entry. Once the lockout is complete, the deputy files a return confirming execution of the writ. The landlord may then dispose of or store abandoned property according to Civil Code §§1983–1990, following required notice to the tenant.

Sheriffs operate on strict neutrality—they do not negotiate payment plans or delays. Tenants may, however, request a Stay of Eviction (UD-150) if they face hardship, potentially delaying enforcement for up to 40 days depending on judicial discretion.

LegalAtoms synchronization: once a writ is filed, the platform alerts users when the sheriff posts the notice and provides contact information for the county’s civil enforcement division. It also generates a checklist for landlords—confirming lock arrangements, notice compliance, and abandoned property handling—to prevent procedural violations.

Coordinating smoothly with the sheriff ensures eviction enforcement remains lawful, dignified, and non-confrontational. The state’s system is designed to balance landlords’ property rights with tenants’ dignity during transition.

Step 10: Recover Rent, Damages, and Court Costs

Once possession is restored, the landlord may pursue monetary recovery for unpaid rent, damages, or court costs. The eviction judgment often includes these amounts, but collection requires additional action. California law allows landlords to enforce monetary judgments through wage garnishment, bank levies, or property liens, governed by Code of Civil Procedure §§685.010–685.220.

Wage Garnishment: The landlord can request a Writ of Execution (EJ-130) and serve the tenant’s employer using a Wage Garnishment Order (WG-002). The employer must then remit a percentage of wages until the debt is satisfied.

Bank Levy: If the tenant’s bank is known, a sheriff can seize funds directly from the account. This requires filing a Memorandum of Costs and coordinating with the financial institution.

Abstract of Judgment: Recording this document with the county recorder creates a lien against any property the tenant owns in California. When the tenant sells or refinances, the landlord receives payment automatically.

Tenants may negotiate settlements or payment plans even after judgment. Courts encourage voluntary satisfaction rather than forced collection. LegalAtoms provides templates for settlement agreements, abstracts, and writ requests, all pre-filled based on judgment data.

Recovering costs reinforces the legitimacy of the process. It ensures landlords are made whole while demonstrating that the judicial system—not personal confrontation—is the lawful avenue for resolving housing disputes in California.

Costs Associated with Filing an Eviction Case

Filing an Unlawful Detainer complaint costs $240–$450 depending on claim amount. Service of process typically costs $45–$85. Sheriff lockout fees average $145–$175. Additional costs may include filing motions or appeals. Self-represented litigants can request fee waivers using Judicial Council forms FW-001 and FW-003. LegalAtoms provides direct digital access to these waivers, reducing out-of-pocket expenses.

Time Required

A standard California eviction—when uncontested—takes 30–45 days from notice expiration to sheriff lockout. Contested cases involving tenant defenses or motions can extend 90–120 days. Local moratoria, mediation, or appeal rights may increase this further. Using LegalAtoms reduces procedural delays by ensuring accuracy and compliance at each step.

Limitations and Risks

• Eviction cannot proceed without lawful notice and court judgment.
• Improper service or filing in the wrong county invalidates the case.
• Illegal self-help actions expose landlords to civil penalties and criminal prosecution.
• Tenants may counterclaim for harassment, discrimination, or habitability issues, extending litigation.

Compliance with California’s procedural safeguards isn’t optional—it’s the only path to enforceable eviction. The courts emphasize precision and fairness, holding both sides to high standards of conduct and documentation.

Authoritative Legal Sources

• California Courts — Eviction (Unlawful Detainer) Self-Help
• California Code of Civil Procedure §§1159–1179a
• California Civil Code §§1940–1954 (Landlord-Tenant Law)
• California Civil Rights Department — Tenant Protections
• California Department of Housing & Community Development
• Judicial Council of California — Unlawful Detainer Forms