Unlawful Detainer
(Eviction) Lawsuits
We may be able to help you recovery money damages for your losses at no upfront cost to you.
Every Question California Tenants Need Answered
Navigate the eviction process with confidence—find clear, concise answers to notices, deadlines, self-representation, and where to get help.
It’s the only way a California landlord can evict a tenant—by obtaining a court judgment that the tenant “guilty” of unlawfully remaining. Other eviction methods (constructive or self-help) are illegal.
No. This notice is a prerequisite. After three days (excluding weekends/holidays), the landlord may file an unlawful detainer complaint if you haven’t complied.
No. The termination notice sets your tenancy end date. If you don’t vacate or pay after that date, the landlord can file an unlawful detainer complaint.
Stay calm, read the complaint to see the landlord’s grounds, and begin preparing your “Answer.” You may also contact a tenant-rights organization or a lawyer referral service for assistance.
Generally, five days (excluding weekends/holidays) if personally served; fifteen days if served by certified mail or if you live in San Francisco. Filing before the deadline is critical to avoid a default judgment.
Yes, but the fast schedule and required documents make it difficult. Hiring an attorney is recommended. In San Francisco, an eviction defense lawyer can represent you for free.
No. The court only decides whether you’re occupying unlawfully. Habitability, discrimination, or retaliation claims must be filed in a separate lawsuit.
File your Answer on time. Be prepared to negotiate at the court-scheduled conference or, if necessary, present your case at trial. You may receive “discovery” requests—answers should be reviewed by a lawyer. If you move out before trial and file a “Notice of Relinquishment of Possession,” the landlord usually dismisses the case. If offered a settlement, don’t sign any release that waives your right to future claims.
• San Francisco: Eviction Defense Collaborative
• Oakland: Eviction Defense Center
• Los Angeles: Legal Aid Foundation of Los Angeles
• Tenants Together: state-wide coalition with local affiliates (see their website)
• County bar association lawyer referral service (Google “lawyer referral service [Your County]”)
Possibly—if the eviction was retaliatory, discriminatory, due to uninhabitable conditions, or otherwise unlawful. In that case, you may file a separate lawsuit for monetary damages.
- Per Code of Civil Procedure § 1162(a)(1)–(3):
- Personal delivery to the tenant.
- If absent, leave with a suitable person at residence/business plus mail a copy.
- If residence/business unknown or no suitable person, post on the property, deliver to someone there if possible, and mail a copy. (Same for subtenants.)
Yes. California’s Self-Help Guide for Eviction Cases is available on the Judicial Council’s website.
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