How Long Does an Eviction Take in California?

By Brian Johnson, Eviction Defender · Updated November 2026

When you're holding an eviction notice, the question on your mind is how much time you really have. How long does an eviction take in California? There's no single number. It depends on the type of notice, whether you respond to the court papers, how busy your local court is, and how quickly the sheriff schedules a lockout. A fast, uncontested case can be over in a matter of weeks. A case where the tenant files an Answer and goes to trial usually takes longer.

Below is each stage in order, with the deadlines set by California law, so you can see where you are and what comes next.

Stage 1: The Notice (3 Days to 90 Days)

A landlord can't file an eviction case until a proper written notice has expired. The kind of notice sets the first part of the timeline:

• 3-day notices (pay rent or quit, perform covenant or quit, or quit for a serious problem like nuisance). The 3 days don't count Saturdays, Sundays, or court holidays (CCP §1161). See our guides to the 3-day notice to pay rent or quit and the 3-day notice to perform covenant or quit.
• 30-day notice to end a month-to-month tenancy when all tenants have lived there less than a year.
• 60-day notice when a tenant has lived there a year or more. Read 30-day vs 60-day notice to quit.
• 90-day notice for certain subsidized tenancies like Section 8, and for renters after a foreclosure sale. See 90-day notice after foreclosure.

For 30-, 60- and 90-day notices, every calendar day counts, starting the day after you get the notice. In many units, the Tenant Protection Act or a local ordinance also requires the landlord to have and state a "just cause."

Stage 2: The Landlord Files and Serves the Case

After the notice period ends, the landlord can file an unlawful detainer case in superior court. The landlord then has to have you served with a Summons and Complaint. How fast that happens depends on the landlord and the process server. It might be days after the notice ends, or weeks.

Service can be personal (handed to you) or by other methods the law allows. The method matters because it can affect when your deadline to respond starts. Write down exactly when and how you got the papers.

Stage 3: Your Answer Deadline (10 Court Days)

This is the most important deadline in the whole process. Since January 1, 2025 (AB 2347), you have 10 court days after personal service to file a written response. Weekends and court holidays don't count. Most tenants respond with form UD-105 (Answer).

What happens next depends on whether you file:

• If you don't respond in time, the landlord can ask the court for a default judgment. You can lose without a hearing, and this is how evictions move fastest.
• If you file an Answer, you keep your right to raise defenses and have a judge or jury decide your case.

For step-by-step help, see how to respond to an unlawful detainer in California.

Stage 4: Trial

Eviction cases get priority over most other civil cases. Once either side files a request to set the case for trial (form UD-150), California law (CCP §1170.5) says the trial must be held within 20 days of that request. Continuances (delays) are limited and usually short unless both sides agree.

Some courts offer mediation on the day of trial or before it. Many cases settle there, with agreements like a move-out date, a payment plan, or a dismissal. Any settlement should be in writing and approved by the court.

If you win, the case ends and you stay. If the landlord wins, the judge enters a judgment for possession.

Stage 5: Writ of Possession and the Sheriff's 5-Day Notice

After a judgment for the landlord, the court clerk issues a Writ of Possession. The landlord takes it to the sheriff, who posts a Notice to Vacate giving you 5 days to move out. If you're still there after that, the sheriff can lock you out, usually on a working day soon after the 5 days end. Scheduling depends on the county.

At this stage, options are limited and time is very short. You may be able to ask for a stay of execution (more time to move) or, if you lost by default for a good reason, ask to set aside the judgment. Read 5-day sheriff lockout notice: can it be stopped? for details.

How Long Does an Eviction Take in California? A Rough Timeline

Here's how the stages stack up. These are not promises, just the legal minimums plus the parts that vary:

• Notice period: 3 court days to 90 calendar days, depending on the notice.
• Filing and service: varies, often days to a few weeks.
• Answer deadline: 10 court days after personal service, roughly two calendar weeks.
• If no Answer: the landlord can request a default judgment soon after the deadline passes.
• If you answer: trial within 20 days after a request to set trial, plus any agreed continuances.
• After judgment: writ issued, sheriff posts the 5-day notice, then lockout. Sheriff backlogs vary by county.

The biggest factor you control is Stage 3. Filing a timely Answer keeps you in the case. Missing it is the most common reason an eviction moves quickly from court papers to a lockout.

What Can Slow an Eviction Down

• A defective notice. If the notice was the wrong length, miscounted, or missing required information, the landlord may have to start over.
• Problems with service of the Summons and Complaint.
• Legal defenses raised in your Answer, such as repair problems, retaliation, discrimination, or just-cause violations. See defenses that can help in a California eviction case.
• Court and sheriff backlogs, which differ from county to county.
• A stay of execution granted after judgment.

What doesn't help: ignoring the papers, moving out without telling anyone while the case is still open, or trying to "wait it out." For practical, lawful strategies, see how to delay an eviction in California.

Your Landlord Can't Skip the Process

However long it takes, your landlord has to go through the court. Changing the locks, removing your belongings, or shutting off utilities without a court order and the sheriff is illegal in California, and the landlord may owe you penalties. Only the sheriff can carry out a lockout.

For help with any notice, visit our eviction notice help page.

Frequently Asked Questions

How long does an eviction take in California if I don't respond?

It can move quickly. If you don't file an Answer within 10 court days after personal service, the landlord can ask for a default judgment, get a Writ of Possession, and have the sheriff post a 5-day notice to vacate. The whole process can take just a few weeks after the notice expires.

How long do I have to respond to an eviction lawsuit?

Since January 1, 2025, you have 10 court days after personal service of the Summons and Complaint to file your response, usually form UD-105. Weekends and court holidays don't count.

How soon is the trial after I file an Answer?

Once either side requests a trial date, California law says the trial must be held within 20 days of that request. Delays are limited unless both sides agree.

How many days does the sheriff give me to move out?

After the landlord wins and gets a Writ of Possession, the sheriff posts a Notice to Vacate giving you 5 days. After that, the sheriff can lock you out.

Can I get more time after I lose?

You can ask the court for a stay of execution. You must ask at least 1 court day before the move-out date on the sheriff's notice, and you'll need to pay rent for the extra days. The judge may grant up to 40 days but often gives less, or may say no.

Do weekends count on an eviction notice?

It depends on the notice. On a 3-day notice, Saturdays, Sundays, and court holidays are not counted. On 30-, 60- and 90-day notices, every calendar day counts.

Eviction Defender is not a law firm and does not provide legal advice. This article is general information about California law as of 2026.