The Step-by-Step Process of Eviction in California: From Notice to Removal
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Evicting a tenant in California, especially within Los Angeles, can feel like navigating a legal minefield. It's a structured, multi-step process that demands precision and strict adherence to protocol. Any deviation from the prescribed steps can invalidate your efforts, leading to costly delays and prolonged tenant issues. As seasoned professionals assisting landlords throughout Los Angeles, we guide you through each phase, ensuring your journey from initial notice to reclaiming your property is as smooth and efficient as possible.
Phase 1: Initiating the Eviction with Proper Notice
The eviction process officially begins not with a court filing, but with the delivery of a legally compliant written notice to your tenant. The type of notice depends entirely on the reason for eviction:
- 3-Day Notice to Pay Rent or Quit: This is for non-payment of rent. It gives the tenant three calendar days (excluding weekends and judicial holidays) to pay the full amount due or move out.
- 3-Day Notice to Perform Covenants or Quit: Used for curable lease violations, such as having an unauthorized pet or disturbing neighbors. It gives the tenant three days to fix the violation or vacate.
- 3-Day Unconditional Notice to Quit: Reserved for severe, incurable violations like illegal activity or significant, irreparable property damage. Here, there's no option to cure; the tenant must simply vacate.
- 30-Day or 60-Day Notice to Terminate Tenancy: For ending a month-to-month tenancy (often requiring "just cause" in L.A. or specific rent-controlled areas) or when a fixed-term lease expires without renewal. Generally, 30 days if the tenancy is less than a year, 60 days if a year or more.
Crucially, in many parts of Los Angeles County, these notices must also be filed with the local housing authority (e.g., LAHD) within a few business days of serving the tenant. Missing this local compliance step can be a fatal error. Proper service of the notice by a disinterested third party is equally vital, forming the bedrock of your legal case.
Phase 2: Unlawful Detainer Lawsuit and Tenant Removal
If the tenant fails to comply with the notice, the next phase begins: filing an Unlawful Detainer (eviction) lawsuit in court.
- Filing the Complaint and Summons: We prepare and file the Unlawful Detainer Complaint and Summons with the appropriate court. This document formally requests the court to order the tenant's removal.
- Serving the Summons and Complaint: These court documents must then be formally served on the tenant by a professional process server. The tenant typically has five court days (excluding weekends and judicial holidays) to respond by filing an "Answer" with the court.
- Tenant's Response or Default: If the tenant files an Answer, a court hearing will be scheduled. If they do not respond within the timeframe, we can request a default judgment, which generally speeds up the process considerably.
- Trial and Judgment: If the tenant contests the eviction, both parties will present their case at trial. If the judge rules in your favor, they will issue a "Judgment for Possession."
- Writ of Possession and Sheriff Lockout: With the judgment, we obtain a "Writ of Possession" from the court. This writ is then delivered to the county sheriff. The sheriff will post a "Notice to Vacate" on the property, typically giving the tenant five additional days to move out. If the tenant still remains, the sheriff will physically remove them from the premises, officially restoring possession to you.
Throughout this entire process, meticulous documentation, adherence to strict deadlines, and a thorough understanding of both state and local laws are essential. By partnering with legal experts, you navigate these complex steps with confidence, ensuring a legally sound and efficient path to regaining control of your valuable property.

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