In California, a landlord recovers possession of a rental through a court case called an unlawful detainer; self-help such as lockouts and utility shutoffs to end occupancy is prohibited (Civil Code § 789.3). The case starts with a valid written notice, such as a three-day notice under CCP § 1161 or a 30- or 60-day notice under Civil Code § 1946.1, backed by a stated just cause where Civil Code § 1946.2 applies. Once served with the summons and complaint, a tenant has 10 court days to respond (CCP § 1167, as changed by AB 2347 in 2025).

At a glance

ItemRule
LawCode of Civil Procedure §§ 1161, 1162, 1167; Civil Code §§ 1946.1, 1946.2, 789.3
First stepA written notice: three-day notice (§ 1161), or 30- or 60-day termination notice (§ 1946.1)
Just causeAfter 12 months of occupancy in a covered tenancy, the notice must state a just cause (§ 1946.2)
Tenant's response time10 days, excluding Saturdays, Sundays and other judicial holidays, after service of the complaint
Extra 5 court daysOnly if service is completed "by mail or in person through the Secretary of State's address confidentiality program" (§ 1167(b))
Self-helpLockouts, utility shutoffs and removing belongings to end occupancy are prohibited (§ 789.3)
ServicemembersFederal law requires a court order to evict a servicemember or dependents, and allows a 90-day stay (50 U.S.C. § 3951)
ChangesAB 2347 (10 court days) effective January 1, 2025; AB 747 service rules mostly operative January 1, 2027

Step 1: Serve the right notice

The notice depends on the reason for ending the tenancy.

ReasonNoticeWhere to read more
Unpaid rentThree-day notice to pay rent or quit, § 1161(2)Three-day notices
Curable lease violationThree-day notice to perform covenant or quit, § 1161(3)Three-day notices
Unlawful subletting, waste, nuisance or unlawful useThree-day notice to quit, § 1161(4)Three-day notices
Ending a month-to-month tenancy60 days' notice, or 30 days if the tenant has lived there less than one year, § 1946.1Ending a month-to-month tenancy

Three rules sit on top of the notice:

  • Just cause. Where § 1946.2 applies (generally after a tenant has continuously and lawfully occupied for 12 months, unless the property is exempt), the owner needs an at-fault or no-fault just cause, and the notice must state it. For a curable violation, a cure notice comes first (§ 1946.2(c)). No-fault terminations require relocation assistance equal to one month's rent (a payment or a waiver of the final month's rent). Any failure to comply with § 1946.2 voids the notice. See just-cause eviction.
  • No fees. A landlord may not charge a fee for serving, posting or delivering a § 1161 or § 1946.1 notice.
  • Abandonment is different. A notice of belief of abandonment under Civil Code § 1951.3 is not a three-day notice. See abandoned property.

A § 1946.1 notice may be delivered in the manner of CCP § 1162 or by certified or registered mail. Three-day notices are served under § 1162: personal delivery, substituted service plus mailing, or posting plus mailing.

Step 2: Let the notice period run

Count the notice period correctly. Three-day notices exclude Saturdays, Sundays and judicial holidays, so they often run longer than three calendar days. The notice period calculator works out the last day from the service date. Under a cure notice, the tenant (or a subtenant, mortgagee or other interested person) who cures within the three days saves the lease (§ 1161(3)).

Step 3: File the unlawful detainer complaint

If the notice period ends without payment, cure or move-out, the landlord may file an unlawful detainer complaint. Starting January 1, 2027, under AB 747 (Stats. 2025, ch. 563), the complaint must state the date, time and location the termination notice was served, according to the bill's official digest.

Step 4: Serve the summons and complaint

The tenant must be formally served with the summons and complaint. AB 747 tightens this from January 1, 2027:

  • Reasonable diligence before substituted service. Before leaving the papers with someone else or posting them, the server must attempt personal delivery on at least three occasions, on three different days, at three different times (CCP § 415.20(b)(2)).
  • Photo proof. Unlawful detainer proofs of service must include a photo, if it is safe to take one, with a date, time and GPS stamp, according to the bill's digest.
  • Defaults. The bill adds new motions to set aside a default for improper service, according to the digest.

These AB 747 rules govern the summons and complaint. They do not apply to serving a three-day notice.

Step 5: The tenant's response

Under CCP § 1167(a), the tenant must respond within 10 days after service of the complaint, excluding Saturdays, Sundays and other judicial holidays. Before AB 2347 (Stats. 2024, ch. 512) took effect on January 1, 2025, the period was 5 days.

Section 1167(b) adds five court days in one situation only: "If service is completed by mail or in person through the Secretary of State's address confidentiality program..., the defendant shall have an additional five court days." Read it as written. Whether ordinary mail or substituted service extends the 10 court days has not been confirmed, so do not assume a general "15 days if mailed" rule.

Step 6: Defenses the court may hear

These defenses come from the statutes covered in this library. The list is not complete.

  • Defective notice. A pay-or-quit notice missing required contents, a just-cause notice that fails § 1946.2, or a curable violation with no cure notice.
  • Retaliation. Within 180 days after a good-faith repair complaint or agency complaint, a retaliating landlord may not recover possession from a tenant who is not in default on rent, unless the notice states a good-faith ground the landlord can prove (Civil Code § 1942.5). Bringing an action for possession in retaliation for exercising legal rights is also unlawful under § 1942.5(d).
  • Cited substandard conditions. A landlord may not demand or collect rent or serve a pay-or-quit notice if the unit substantially lacks a § 1941.1 standard (or is substandard to a dangerous extent), a public officer has inspected it and given written notice to repair, the conditions remain unabated 35 days after service of that notice without good cause, and the tenant did not cause them (Civil Code § 1942.4).
  • Social Security hardship. From January 1, 2026 until January 20, 2029, in a nonpayment case a tenant may assert that Social Security benefits were terminated, delayed or reduced through federal action or inaction (AB 246, Civil Code § 1946.3, per the bill's digest). If proven, the court stays the case. The tenant still owes the rent, and within 14 days of benefits being restored must pay it all or enter an agreed payment plan.
  • Servicemembers. During military service, a landlord may not evict a servicemember or dependents from a primary residence with monthly rent at or below the federal ceiling ($10,542.60 for 2026) except by court order. If military service materially affects the ability to pay, the court shall stay the case for 90 days (unless justice and equity require otherwise) or adjust the lease obligation (50 U.S.C. § 3951). A knowing violation can bring a fine, imprisonment of up to one year, or both. See military tenants.

Step 7: Judgment and removal

Court hearings, judgments and the enforcement steps after a judgment are not covered in this library; a California attorney or the court can explain them. Civil Code § 789.3 preserves lawful eviction by the proper authorities and bars self-help: a landlord who, intending to end occupancy, cuts off a utility, changes the locks, removes doors or windows, or removes the tenant's belongings is liable for actual damages plus up to $100 a day, at least $250 per cause of action, and the court awards attorney's fees to the prevailing party.

After the tenant leaves

  • Belongings left behind may be handled under the optional procedure in Civil Code §§ 1980 to 1991, with written notice and a claim period of at least 15 days (personal delivery) or 18 days (mail). See abandoned property.
  • Security deposit: an itemized statement and any balance are due within 21 calendar days after the tenant vacates (Civil Code § 1950.5). See security deposits.

What owners should do

  • Confirm whether § 1946.2 just cause applies before choosing a notice.
  • Use the notice that matches the reason, fill in every required item, and count the period with the court holiday calendar.
  • Keep records of how, when and where each notice was served. From 2027 the complaint must state those details.
  • Plan for the 2027 summons-service rules: three attempts on three different days at three different times, and photo proof.
  • Never use a lockout, utility shutoff or removal of belongings to end a tenancy.

What tenants should know

  • A notice alone does not end your right to stay. Only a court case can lead to removal.
  • If you are served with a summons and complaint, the 10-court-day response clock starts.
  • Defenses can include a defective notice, retaliation, uncorrected code violations, Social Security hardship, and servicemember protections.
  • If you are locked out or a utility is cut off to force you out, § 789.3 provides daily damages.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

Local rules

Some California cities add eviction protections on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

  • January 1, 2025: response period rises from 5 to 10 court days (AB 2347).
  • January 1, 2026: Social Security hardship defense (AB 246), in effect until January 20, 2029.
  • January 1, 2027: AB 747 summons diligence, photo proof of service, notice details in the complaint, and new default set-aside motions.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

Frequently asked questions

How long does a tenant have to answer an eviction lawsuit in California?

Ten days after service of the complaint, excluding Saturdays, Sundays and other judicial holidays (CCP § 1167(a)). Five more court days are added only when service is completed by mail or in person through the Secretary of State's address confidentiality program.

Does mailing the summons give the tenant 15 days?

Not as a general rule. The extra five court days in § 1167(b) are tied to service through the Secretary of State's address confidentiality program. Whether ordinary mail or substituted service extends the period has not been confirmed; ask a California attorney.

Can a landlord evict without going to court?

No. Civil Code § 789.3 preserves lawful eviction by the proper authorities, and changing locks, shutting off utilities, removing doors or windows, or removing belongings to end occupancy violates Civil Code § 789.3.

What changes for evictions in 2027?

Under AB 747, from January 1, 2027, a process server must attempt personal delivery of the summons on three different days at three different times before using substituted service, and, according to the bill's digest, proofs of service need a stamped photo where safe and the complaint must state when and where the termination notice was served.

Can a servicemember tenant be evicted?

Only by court order, under the federal Servicemembers Civil Relief Act, for a primary residence with rent at or below the annual ceiling ($10,542.60 a month for 2026). The court may stay the case for 90 days or adjust the lease obligation if military service materially affects the ability to pay.

Sources

Verified October 19, 2026.

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