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Eviction & Unlawful Detainer

You have rights — and time is critical.

⚖ California Law ✓ Updated 2026 📍 All 58 Counties
⚠
Important

If you receive a court summons, you have only 5 BUSINESS DAYS to respond in writing. Missing this deadline means automatic judgment — the sheriff can remove you without a trial.

Overview

Eviction is one of the most stressful experiences a renter can face. California law provides strong tenant protections at every stage of the eviction process — from notice requirements to court defenses. Understanding your rights can mean the difference between staying in your home and losing it.

📬 Types of Eviction Notices

3-Day Pay or Quit For nonpayment of rent. You have 3 days to pay everything owed or vacate. If you pay in full, the eviction stops.
3-Day Perform or Quit For curable lease violations (unauthorized pet, guest). You have 3 days to fix the issue or move out.
3-Day Unconditional Quit For serious or repeat violations. You cannot cure the issue — you must vacate within 3 days.
30-Day Notice For no-fault evictions when tenancy is under 1 year. Often requires relocation assistance in covered units.
60-Day Notice For no-fault evictions when tenancy is 1+ years. Relocation assistance typically required under AB 1482.

🛡 Common Eviction Defenses

✓ Improper or defective notice (wrong amount, wrong dates, served incorrectly)
✓ Landlord accepted rent after serving the notice (waiver)
✓ Retaliatory eviction — within 180 days of a complaint or legal action
✓ Discriminatory eviction based on protected class
✓ Habitability defense — landlord failed to maintain livable conditions
✓ Breach of implied covenant of quiet enjoyment
✓ Owner move-in fraud — landlord didn't actually move in
✓ Ellis Act violations — failed to follow proper procedure
✓ Domestic violence, sexual assault, or stalking protections

⚖ Key California Laws

AB 1482 — Tenant Protection Act

Requires "just cause" to evict tenants in covered units who have lived there 12+ months. Limits no-fault evictions and requires relocation assistance.

Civil Code §1946.2

Codifies just cause eviction requirements statewide, defining both "at-fault" and "no-fault" just causes.

Civil Code §1942.5

Prohibits retaliatory evictions within 180 days of a tenant exercising any legal right, filing a complaint, or organizing with other tenants.

CCP §1161 — Unlawful Detainer

Governs the court eviction process. Landlords must file an UD lawsuit and win in court before any tenant can be removed.

Civil Code §789.3

Makes self-help evictions (lockouts, utility shutoffs, removing belongings) illegal and entitles tenants to $100/day in damages.

What To Do — Step by Step

1
Read the notice carefully

Note the type of notice, the reason given, the deadline, and whether it can be "cured." Count the days correctly — 3-day notices exclude weekends and holidays in some courts.

2
Document everything

Photograph the notice, note exactly when and how it was served, and gather any communications with your landlord. Evidence of retaliation or improper notice is your best defense.

3
Identify your defenses

Common defenses include: improper notice, retaliation, habitability issues, discrimination, acceptance of rent after notice, and waiver. Many evictions have procedural defects.

4
Respond within 5 days

If your landlord files an Unlawful Detainer lawsuit, you have only 5 business days to file a written response with the court. Missing this deadline = automatic judgment against you.

5
Get legal help immediately

Free legal aid is available in most California counties. A tenant attorney can often get an eviction dismissed on procedural grounds alone. Do not wait.

In-Depth Articles

Eviction & Unlawful Detainer

California Eviction Notice Types Explained: 3-Day, 30-Day, 60-Day and What They Mean

Received an eviction notice in California? This guide explains every type of eviction notice, your legal rights at each stage, and exactly what to do — updated for 2025 including the new 10-day court response window under AB 2347.
It depends on your unit. Under AB 1482 (the Tenant Protection Act), most California landlords can only raise rent once per year, by a maximum of 5% plus local CPI — and never more than 10% total. A 20% increase almost certainly violates this cap for covered units. AB 1482 applies to most multi-family buildings older than 15 years, but does NOT cover single-family homes or condos where the owner has given proper written notice, or buildings built in the last 15 years. Check your unit at tenantprotections.org. If you are covered, send a written dispute to your landlord immediately — paying the increase without objecting can be treated as acceptance. Many cities (LA, SF, Oakland, Santa Monica) have even stricter local rent caps.
No — a 3-day notice is NOT a court order and you do not have to leave. It is the first step in a legal process. If you pay the full amount owed within the 3-day period, the eviction stops entirely. If you do not pay, your landlord must then file an Unlawful Detainer (UD) lawsuit in court. After you are served with the court summons, you now have 10 business days to file a written response (AB 2347 extended this from 5 days starting January 1, 2025). Only a judge can order you to leave — not your landlord. Do not ignore the summons or you will get a default judgment automatically.
Under California Civil Code §1950.5, landlords can only deduct for cleaning that brings the unit back to the condition it was in when you moved in — not to make it cleaner. They cannot charge for professional cleaning if you left it reasonably clean. Under AB 2801 (effective 2025), landlords must now take photos before and after any cleaning or repairs, and must provide itemized receipts for work over $125. If they failed to follow these requirements, they forfeit their right to deductions entirely. Send a written demand letter disputing the specific deductions. If unresolved, file in small claims court — you can recover the deposit plus up to 2x the amount as a bad faith penalty, plus court costs.
No. California Civil Code §1954 requires landlords to give at least 24 hours written notice before entering for non-emergency purposes, and entry must be during normal business hours (8am–6pm, or agreed hours). Verbal notice is not sufficient — it must be in writing (a text message counts). The only exception is a genuine emergency (fire, flood, gas leak). Repeated unauthorized entries constitute landlord harassment under Civil Code §1940.2. Send your landlord a written letter citing §1954 and demanding they stop. If it continues, document every incident with dates and times, and consult a tenant attorney — you may be entitled to damages.
You have options, but stopping rent cold is risky without legal guidance. Visible mold that poses a health risk is a substandard condition under California Health & Safety Code §17920.3 and your landlord must remediate it. Your safest options are: (1) File a code enforcement complaint with your city or county — this triggers a formal inspection and puts your landlord on legal notice; (2) Repair and deduct — hire a licensed contractor and deduct costs from rent (up to one month's rent, twice per year); (3) Rent withholding into a separate trust account for severe conditions — but consult an attorney first; (4) Sue for damages including rent reduction during the uninhabitable period. Always document with dated photos and send repair requests by certified mail.
Only under very specific conditions. Under AB 1482, "substantial remodel" is a valid no-fault just cause, BUT the landlord must: (1) give you 60 days written notice (if you have lived there 1+ year); (2) pay you relocation assistance equal to one month's rent; (3) the renovation must require permits and be so substantial that you cannot safely occupy the unit during work. Cosmetic upgrades do not qualify. After the work is complete, you typically have the right to return at your original rent. "Ellis Act" evictions (taking the building off the rental market entirely) have even stricter rules. If your landlord claims renovation but the work is minor, this may be a pretextual eviction — contact a tenant attorney immediately.
Lack of heat is a serious habitability violation — California law requires landlords to maintain heating that can reach at least 70°F in living areas. Before withholding rent, take these steps in order: (1) Send a written repair request by text or email AND certified mail; (2) Give your landlord a "reasonable time" to fix it — for heating in cold weather, 24-72 hours is reasonable; (3) File a code enforcement complaint if they don't respond; (4) Use the repair-and-deduct remedy — buy space heaters or hire a contractor, deduct from rent (up to one month's rent). Outright rent withholding should be done carefully, with money held in a separate account, and ideally with an attorney's guidance. Never withhold silently — always notify your landlord in writing.
No. Landlords cannot unilaterally add new fees during an existing lease period without your written consent. Any fee not specified in your signed lease agreement is unenforceable. Common illegal fees include: convenience fees for online payment, administrative fees, move-in/move-out fees beyond the security deposit limit, and excessive late fees (California generally limits late fees to 5-6% of rent). Respond in writing stating that you do not accept the new fee and that it is not part of your lease agreement. If your landlord threatens eviction over the fee, do not pay it without legal advice — an eviction based on a disputed illegal fee is itself potentially illegal.
If you have lived in the unit for less than one year, your landlord must give 30 days written notice. If you have lived there for one year or more, they must give 60 days written notice. However — if your unit is covered by AB 1482 (most multi-family buildings over 15 years old), your landlord also needs a valid "just cause" to end your tenancy after 12 months of residency. You cannot be evicted without cause just because you are month-to-month in a covered unit. Many cities (LA, SF, Oakland, Berkeley, Santa Monica) have even stronger protections. Check your local ordinance.
No — it has been illegal in California since 2020. SB 329 expanded the state's Fair Employment and Housing Act (FEHA) to prohibit landlords from refusing to rent based on "source of income," which explicitly includes Section 8 / Housing Choice Vouchers, VASH vouchers, and other government rental assistance. Advertising "No Section 8" is also illegal. If a landlord refuses your voucher, you can: (1) File a complaint with the California Civil Rights Department (CRD) at calcivilrights.ca.gov — free, within 2 years; (2) File a complaint with HUD; (3) Sue civilly for damages, injunctive relief, and attorney fees. You can also file with your local fair housing agency.
Owner move-in (OMI) evictions are a valid no-fault just cause under AB 1482, but they come with strict requirements. The landlord or a qualifying family member must actually intend to live there as their primary residence, must move in within 90 days of your departure, and must live there for at least 12 consecutive months. You must receive 60 days written notice (if 1+ year tenancy) and relocation assistance of one month's rent. If the landlord does NOT move in, or moves out within 12 months, you may have a right to return at your original rent AND damages. OMI fraud — evicting a tenant pretextually — is illegal and increasingly prosecuted, especially in cities like San Francisco and Los Angeles.
As of January 1, 2025 (AB 2347), you now have 10 business days from the date you were served the Unlawful Detainer summons to file a written response with the court — extended from the previous 5-day deadline. This is one of the most critical deadlines in California tenant law. Missing it means automatic judgment against you and the sheriff can remove you without a trial. You do not need a lawyer to file a response, but getting one dramatically improves your outcome. File your response (Form UD-105) at the courthouse that issued the summons. Many courthouses have self-help centers, and many counties have free legal aid for eviction defense.
This is illegal landlord harassment and potentially extortion. Under California Civil Code §1940.35, it is unlawful for a landlord to threaten to report a tenant's immigration status to coerce them into vacating, paying money, or waiving any legal rights. Violators face actual damages, punitive damages, a civil penalty of up to $2,000 per violation, and attorney fees. Your immigration status does NOT affect your California tenant rights — you have full protections regardless of documentation status. Document the threat (text, email, or write down what was said with the date). Then contact a tenant attorney or legal aid organization immediately. This is a strong case.
California has a strong "duty to mitigate" rule — your landlord is legally required to make reasonable efforts to re-rent the unit after you leave. If they find a new tenant immediately, you owe nothing for the remaining term. You only owe rent for the period the unit is actually vacant while the landlord is actively trying to re-rent it. You do NOT automatically owe 4 months of rent. To protect yourself: give written notice as early as possible, offer to cooperate with showings, keep records of your departure date and the unit's condition, and follow up to confirm re-rental. Breaking a lease for specific reasons (domestic violence, uninhabitable conditions, active military duty) carries additional legal protections under California law.
Your landlord is in violation of California law. Under Civil Code §1950.5, landlords must return your security deposit — along with a written itemized statement of any deductions and copies of receipts — within 21 calendar days of you vacating. Missing this deadline means they forfeit their right to make ANY deductions and owe you the full deposit back. Under AB 2801 (2025), they must also provide photos of any claimed damage. Send a written demand letter immediately via certified mail stating the deadline has passed, demanding full return, and citing Civil Code §1950.5. If they still do not respond, file in small claims court — the limit is $12,500 and you can claim the full deposit plus up to 2x the withheld amount as a bad faith penalty.