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Legal Guide

California Eviction Laws 2025: Complete Landlord & Tenant Guide

California has some of the strongest tenant protections in the nation. Understanding the state's eviction laws is essential for both landlords seeking to remove problematic tenants and tenants protecting their rights.

Last Updated: December 5, 2025

California Notice Requirements

California requires specific notice periods depending on the reason for eviction.

  • 3-Day Notice: Non-payment of rent, nuisance, illegal activity
  • 30-Day Notice: Month-to-month tenancy under 1 year
  • 60-Day Notice: Month-to-month tenancy of 1+ years
  • 90-Day Notice: Required for certain rent increases over 10%
  • Just Cause: Required in most CA cities for tenancies over 12 months
  • Notice must be served properly (personal service, substituted service, or posting)
  • Defective notices can result in case dismissal

Just Cause Eviction (AB 1482)

California's Tenant Protection Act requires just cause for evictions in most rental properties built before 2005.

  • At-Fault Causes: Non-payment, lease violation, nuisance, illegal activity
  • No-Fault Causes: Owner move-in, substantial renovation, withdrawal from market
  • Relocation Assistance: Required for no-fault evictions (1 month rent)
  • Exemptions: Single-family homes (with disclosure), newer buildings, small landlords
  • Local laws may be stricter (SF, LA, Oakland have additional protections)
  • Retaliation and discrimination are prohibited causes for eviction

California Eviction Timeline

The California eviction process typically takes 5-8 weeks for uncontested cases, longer if contested.

  • Notice Period: 3-60 days depending on cause
  • Filing: 5 days after notice expires for Unlawful Detainer
  • Service: Must serve summons and complaint within 60 days of filing
  • Response: Tenant has 5 days to respond after service
  • Trial: Set within 20 days of request in most courts
  • Judgment: Immediate if tenant doesn't respond; after trial if contested
  • Lockout: Sheriff enforces 5 days after writ of possession

Tenant Protections in California

California tenants have significant rights that landlords must respect.

  • Rent Cap: 10% + CPI annual increase limit (AB 1482)
  • Security Deposit: Max 2 months (unfurnished) or 3 months (furnished)
  • Deposit Return: 21 days with itemized statement
  • Retaliation Ban: Cannot evict for complaints or exercising legal rights
  • Habitability: Right to habitable conditions, can use "repair and deduct"
  • COVID Protections: Some local protections may still apply
  • Right to Legal Representation: Many CA cities offer free legal aid for tenants

Illegal Eviction Actions in California

Self-help evictions are strictly prohibited in California and carry severe penalties.

  • Changing locks without court order
  • Shutting off utilities (electricity, gas, water)
  • Removing tenant's belongings
  • Harassment or intimidation to force move-out
  • Penalties: Tenant can sue for actual damages + $100/day (min $250)
  • Criminal charges possible for utility shutoffs
  • Tenant may recover attorney fees

Frequently Asked Questions

Uncontested evictions typically take 5-8 weeks from initial notice to sheriff lockout. Contested evictions with trials can take 2-4 months. Cases in heavily backlogged courts (like Los Angeles) may take longer.

It depends. Under AB 1482, most tenants who have lived in covered properties for 12+ months require just cause for eviction. Exemptions include single-family homes (with proper disclosure), buildings less than 15 years old, and owner-occupied duplexes.

A 3-day notice is required before evicting for non-payment of rent, nuisance, or illegal activity. For non-payment, it must specify exact rent owed and payment method. The tenant has 3 business days to pay or cure before the landlord can file an Unlawful Detainer.

Filing fees range from $240-$450 depending on county. Process server costs $50-150. Attorney fees typically run $1,500-4,000 for uncontested cases, more if contested. Total costs usually range from $1,800-5,000+.

For covered properties under AB 1482, landlords cannot simply refuse to renew without just cause after 12 months of tenancy. They need a valid reason (at-fault or no-fault) and must follow proper procedures including relocation assistance for no-fault evictions.

Need a California Eviction Notice?

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