If, after attempting to work out payment or settle a disagreement with a tenant, you decide to proceed with an eviction, the procedure must be followed closely:

1. Serve the tenant with a legal, written notice to leave the property. A 3-day notice to quit in California is acceptable for all complaints for a tenant with a lease, whether it’s unpaid rent or a nuisance complaint. For month-to-month tenants, 30 days’ notice is required.
2. If the tenant doesn’t leave the property voluntarily within 3 days, an eviction will proceed to court in what is called an unlawful detainer lawsuit. After you file your Summons & Complaint at the court and serve the tenant with papers, the tenant has 5 days to respond. Papers must be handed to the tenant by you or another responsible party over the age of 18.
3. If the tenant does not respond within 3 days, the court will likely make a judgment in your favor. If the tenant does respond by filing the proper legal documentation with the Clerk of the Court, the case will proceed to a hearing.
4. During the hearing, the court will decide if the tenant has a good defense or not. If they decide in favor of the tenant, they will not evict them, and the landlord may be ordered to pay court costs and attorney fees.
5. If they decide in favor of the landlord, the court will issue a writ of possession. This orders a sheriff to remove the tenant from the property, or gives them 5 days to do it themselves. The court may also award the landlord any unpaid rent, damages, attorney’s fees, and up to $600 as a penalty fee if they find that the tenant acted maliciously. This will be reflected on the tenant’s credit report for seven years.
6. After the writ of possession is awarded, by the end of the 5th day, the sheriff is legally able to lock the tenant out and seize any property within the unit. The landlord is not entitled to possession of the unit until after the tenant and their property are removed.
7. If applicable, the tenant or the landlord have the right to file an appeal. In the meantime, the tenant must still leave the property if ordered to by the court.