Eviction cases in California move on a clock most tenants are not prepared for. Unlike civil lawsuits that take a year or more, an unlawful detainer is a summary proceeding — designed to get the landlord possession in weeks.
Here is the real timeline from notice to lockout, with every deadline that matters and the points where the right move changes the outcome. This is the timeline from the tenant’s side. We do not represent landlords.
Quick Answer
A California eviction (unlawful detainer) typically runs 30-60 days from notice to sheriff lockout. The hard deadlines: the cure or quit period in the notice itself (3, 30, 60, or 90 days), the 10 court days to file a responsive pleading, an Answer, demurrer, or motion to quash (an Answer, demurrer, or motion to quash) after Summons service (CCP § 1167), the 20-day trial-setting window after Answer (CCP § 1170.5), and the 5-day vacate window after the sheriff posts a lockout notice. Settlement, motions to quash, demurrers, and bankruptcy filings can change the calendar.
Key Takeaways
- Most California UDs run 30-60 days from notice to lockout, when uncontested.
- A contested UD with a jury demand can extend to 60-90+ days from filing.
- 10 court days to file a responsive pleading (an Answer, demurrer, or motion to quash) is the hardest deadline (CCP § 1167).
- Trial is set within 20 days after Answer (CCP § 1170.5).
- After judgment for landlord: writ of possession issues, sheriff posts a 5-day vacate notice, lockout follows.
- A bankruptcy filing imposes an automatic stay (11 U.S.C. § 362).
- A timely Motion to Quash (improper service) or Demurrer (insufficient pleading) can reset the case.
- Cases resolved in the tenant’s favor within 60 days stay sealed under CCP § 1161.2.
Stage 1: The Notice (Days -3 to -60+)
Before a lawsuit, the landlord must serve a written notice. The notice type depends on the alleged breach:
- 3-Day Notice to Pay or Quit (CCP § 1161(2)) — nonpayment of rent.
- 3-Day Notice to Perform Covenant or Quit (CCP § 1161(3)) — curable lease breach.
- 3-Day Notice to Quit (CCP § 1161(4)) — incurable conduct (nuisance, waste, illegal use).
- 30-Day or 60-Day Notice of Termination (CC § 1946.1) — no-fault termination based on tenancy length.
- 90-Day Notice — Section 8 voucher, post-foreclosure bona fide tenant (CCP § 1161b).
The notice period runs from the day after proper service. If you cure (pay the exact amount due, or perform the covenant) within the notice period, the landlord cannot file. If LARSO or AB 1482 applies, the notice must also state a qualifying just cause and offer relocation assistance, failure ends the case.
Stage 2: The Summons and Complaint (Day 1)
If the notice period expires without cure or surrender, the landlord files an Unlawful Detainer Complaint in superior court and serves the Summons and Complaint on every adult tenant.
Service is governed by CCP § 1162: personal service first, substituted service (left with another adult plus mailing) if reasonable diligence shown, post-and-mail as a last resort. Defective service is one of the most common grounds to defeat the case.
Stage 3: The 10-court-day Answer Deadline (Days 1-5)
This is the hardest deadline in California civil practice. CCP § 1167 gives the tenant 10 court days from personal service to file a responsive pleading a response. Court days exclude weekends and court holidays. Substituted service or post-and-mail extends the deadline. Missing it leads to a default judgment within days.
The response options:
- Answer (Form UD-105) — denies the allegations, raises affirmative defenses, demands a jury.
- Demurrer — challenges legal sufficiency of the Complaint (e.g., defective notice attached as exhibit).
- Motion to Quash Summons — challenges improper service.
- Motion to Strike — removes legally insufficient allegations.
Stage 4: Trial Setting and Pretrial (Days 6-25)
Once the Answer is on file, the landlord requests trial. CCP § 1170.5(a) requires the court to set trial within 20 days of that request. Discovery moves on a compressed schedule: 5-day response time (CCP §§ 2030.260(c), 2031.260(c), 2033.250(c)), and a 5-day pre-trial cutoff (CCP § 2024.020(b)). Form Interrogatories, Unlawful Detainer (DISC-003) and Requests for Production are the workhorse tools.
Stage 5: Trial (Day ~25-35)
Most UD trials take 1-3 hours (bench) or 1-3 days (jury). The landlord must prove a valid tenancy, a compliant notice, proper service of the notice and the Summons, expiration of the notice period, and continued possession. The tenant raises affirmative defenses. The verdict is usually same-day.
Stage 6: Judgment, Writ, and Lockout (Day ~35-55)
If the landlord wins, the court enters judgment for possession (and sometimes for back rent and attorney fees). The landlord requests a writ of possession, which the clerk issues to the sheriff. The sheriff posts a notice giving the tenant 5 days to vacate. If the tenant has not left by day 5, the sheriff conducts the lockout.
Two emergency moves at this stage: a Motion for Relief from Forfeiture under CC § 3275 (if the tenant tenders all delinquencies), and a stay request through a bankruptcy filing (automatic stay under 11 U.S.C. § 362).
What moves the calendar
- Motion to Quash — reset the case if service was improper.
- Demurrer — challenge sufficiency of the notice or the Complaint.
- Discovery — force the landlord to commit to facts before trial.
- Settlement — most UDs resolve before trial, the use points are the Answer deadline, the discovery cutoff, and the trial date.
- Bankruptcy — Chapter 7 or 13 stays the UD, for already-judgment cases, the stay is limited under 11 U.S.C. § 362(b)(22)–(23).
Related pages
- Just Served Eviction Papers? Start Here
- How to Answer (UD-105)
- UD Discovery Rules
- UD Trial, What to Expect
- Sealing the UD Record (CC 1161.2)
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Frequently asked questions
How fast does an eviction case move from start to finish?
Faster than any other California civil case. From notice to judgment can be under 60 days. Personal service of summons gives 10 court days to answer. After Answer, trial can be set within 20 days under CCP § 1170.5.
Can I delay the case?
Some, with proper motions. A demurrer challenging the complaint or notice can delay. A motion to quash for service defects can delay. The court will not let routine delays stretch the case, but legitimate procedural moves can extend it.
How long until trial is set?
After your Answer is filed, the landlord can move to set the case for trial. Court schedules permitting, trial dates land 30 to 75 days after the Answer in most LA County courthouses.
What happens after I lose at trial?
A judgment for the landlord is entered. The clerk issues a writ of possession. The Sheriff posts a 5-day notice to vacate. After 5 days, the Sheriff conducts the lockout.
Can I appeal an eviction judgment?
Yes, within 30 days of entry of judgment, but appeal does not automatically stay the lockout. To stay enforcement you need a separate motion under CCP § 1176 or other stay mechanism.
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