California's eviction process is a court case: you serve the right written notice, file an unlawful detainer in Superior Court (in Sacramento, at the Carol Miller Justice Center), the tenant gets 10 court days to answer, and only the sheriff can carry out the lockout after you win. The courts' own guide says it takes 30 to 45 days or more from serving the tenant, and in Sacramento the court and sheriff fees start at about $510, before an attorney and lost rent.
You own a rental house in or around Sacramento, a tenant has stopped paying or broken the lease, and you need to know how an eviction works, what it costs and how it affects a sale.
California eviction process at a glance
| Notice for unpaid rent | 3 days, excluding weekends and court holidays (CCP 1161(2)) |
|---|---|
| Tenant's time to answer | 10 court days after service (CCP 1167, since Jan. 1, 2025) |
| Trial | Within 20 days of the landlord's request (CCP 1170.5) |
| Sheriff's notice to vacate | 5 days (CCP 715.020) |
| Where Sacramento cases are filed | Carol Miller Justice Center, 301 Bicentennial Circle |
| Sacramento filing fee | $240 up to $10,000; $385 up to $35,000 (2026) |
| Sacramento sheriff eviction fee | $180 |
| Typical length | 30 to 45 days or more from service (California courts) |
How the eviction process in California works
An eviction in California is a court case called an unlawful detainer. You end the tenancy with a written notice, file a complaint in Superior Court when the tenant doesn't leave, win a judgment, and hand a writ to the sheriff, who does the lockout.
This page is written for an owner deciding whether to sell, so it follows the process from your side. It's general information, not legal advice: have a California landlord-tenant attorney review your notice and your case before you file.
Can a landlord evict without going to court in California?
No. The Attorney General puts it plainly: the only lawful way to evict a tenant is a court case. Civil Code 789.3 bars changing the locks, removing doors or windows, taking the tenant's belongings or cutting utilities to force a move. The tenant can recover actual damages plus up to $100 a day, never less than $250 per cause of action, and the court awards attorney's fees to whoever wins.
Eviction needs a legal reason once AB 1482 applies
After a tenant has lived in a covered home for 12 months, AB 1482 (Civil Code 1946.2) lets you end the tenancy only for a just cause stated in the notice, and any mistake in that notice makes it void. Selling the house isn't a just cause. Whether your house is covered, and the full list of causes, is on the AB 1482 page for Sacramento owners.
Eviction notices in California: which one starts the case
3-day notice to pay rent or quit
For unpaid rent, Code of Civil Procedure 1161(2) requires three days' written notice, not counting Saturdays, Sundays or judicial holidays. It must state the exact amount due, and the name, phone number and address of the person to pay, with the days and hours they're available if rent can be paid in person (or a bank account within five miles, or an existing electronic payment method). You can serve it up to one year after the rent was due.
3-day notice to perform or quit
For a curable lease breach, such as an unauthorized pet or occupant, section 1161(3) gives the tenant three court days to fix it. Under AB 1482 you must give this chance to cure first (1946.2(c)); only if it isn't cured can a 3-day notice to quit follow.
3-day notice to quit without a chance to cure
Section 1161(4) allows a straight 3-day notice to quit for nuisance, waste, illegal use of the property, or subletting against the lease.
30, 60 and 90-day notices to end a tenancy
A month-to-month tenancy with no lease, or one past its term, ends with a 30 or 60-day notice under Civil Code 1946.1, plus a just cause if AB 1482 applies. Those rules, including the 30-day sale notice, are covered in the notice to vacate guide for sellers. Section 1161 also bars charging the tenant any fee for serving a notice.
Filing an eviction in Sacramento Superior Court
If the notice period runs out and the tenant is still there, you file, counting from the day after the deadline passes. The court's free Advisory Clinic, staffed by attorneys, answers self-represented landlords at 916-875-7846.
Sacramento unlawful detainer cases go to the Carol Miller Justice Center
Sacramento Superior Court's Unlawful Detainer Division hears eviction cases asking for damages up to $35,000, and they must be filed at the Carol Miller Justice Center, 301 Bicentennial Circle, Sacramento. Cases asking for more go to the Civil Division.
Unlawful detainer forms: SUM-130, UD-100 and CM-010
You file a Summons (SUM-130), a Complaint (UD-100) and a Civil Case Cover Sheet (CM-010). For a residential case, CCP 1166 requires attaching the notice you served and the written lease with any addenda the case relies on, and the complaint must say how the notice was served.
Serving the eviction summons and complaint
Each defendant has to be served with the papers, and the Sacramento court's Advisory Clinic warns that a defendant can't be served by mail alone. The Sacramento County Sheriff charges $50 to serve a summons and complaint, and $50 to serve the prejudgment claim of right to possession that covers occupants you can't name.
LLCs, corporations and trustees need an attorney in Sacramento eviction court
The court's Advisory Clinic lists this among the things owners don't know: in eviction court, corporations, LLCs and trustees need an attorney. If your Sacramento rental is held in an LLC or a living trust, budget for a lawyer from the first filing.
The tenant's 10-day response, default and the eviction trial
10 court days to respond under AB 2347
Since January 1, 2025, a tenant served with an eviction complaint has 10 days to respond, not counting weekends and judicial holidays (CCP 1167, as amended by AB 2347). It was five. The courts' self-help guide adds that substituted service or posting and mailing gives the tenant 10 calendar days plus 10 court days.
Default judgment when the tenant doesn't answer
If no response is filed in time, you can ask the court for a default judgment for possession without a hearing.
Eviction trial within 20 days of your request
If the tenant answers, you ask the court to set a trial, and CCP 1170.5 says it must be held no later than 20 days after that request.
Sacramento mandatory settlement conference and eviction mediation
Under the court's Local Rule 2.94.01, unlawful detainer cases at the Carol Miller Justice Center go through a mandatory settlement conference before a jury trial. The court's mediation program also offers mediation before trial and on the day of trial, and a settlement written there is enforceable much like a judgment. For an owner who wants to sell, a written move-out date agreed here is often worth more than a win at trial a week later.
Eviction judgment, the writ and the sheriff lockout in Sacramento
Eviction judgment (UD-110) and writ (EJ-130)
If you win, the judge signs the Judgment (UD-110). You then complete a Writ of Execution (EJ-130) for possession and have the clerk issue it; the statewide fee for issuing a writ is $40.
Sacramento County Sheriff's 5-day notice to vacate
Take the writ to the Sacramento County Sheriff's Civil Bureau with the request for service. The sheriff serves a notice giving the tenant five days to leave (CCP 715.020), then returns to remove anyone still there and put you in possession. The Civil Bureau's fee schedule lists an eviction at $180 ($105 posting plus $75 restoration), $125 to re-post and $50 if you cancel before the lockout.
Tenant belongings after the eviction
Property left behind isn't yours to throw out on the spot. CCP 1174 requires you to store it and release it to the tenant if they pay reasonable storage costs and claim it within 15 days after you take possession; after that, the Civil Code's abandoned-property rules apply.
Ways a tenant can delay the eviction
A tenant can ask for a stay of execution, move to set aside the judgment or appeal.
How long does eviction take in California?
The courts' self-help guide says 30 to 45 days or more from serving the court papers, plus the notice period before that. The table shows the statutory minimums for a nonpayment case; real cases add days for service, the clerk and the sheriff.
| Eviction step | Minimum time | Rule |
|---|---|---|
| 3-day notice to pay or quit | 3 court days | CCP 1161(2) |
| File, then serve the complaint | Depends on finding the tenant | CCP 1166, 1167 |
| Tenant's response time | 10 court days (more with substituted service) | CCP 1167 |
| Trial if the tenant answers | Within 20 days of your request | CCP 1170.5 |
| Sheriff's notice to vacate | 5 days | CCP 715.020 |
What's the fastest a landlord can evict in California?
A nonpayment case where the tenant doesn't answer: three court days of notice, roughly two weeks of response time, a default judgment, then the sheriff's five days. Even that path usually runs past a month. A contested case adds the trial request, up to 20 days to trial and any settlement conference, which is why the self-help guide says "or more".
What an eviction costs a Sacramento landlord
| Sacramento eviction cost | Amount | Source |
|---|---|---|
| Filing fee, claim up to $10,000 | $240 | Statewide civil fee schedule, Jan. 1, 2026 |
| Filing fee, $10,000 to $35,000 | $385 | Same schedule |
| Sheriff service of summons and complaint | $50 | Sacramento County Sheriff |
| Issuing the writ | $40 | Statewide civil fee schedule |
| Sheriff eviction (posting and lockout) | $180 | Sacramento County Sheriff |
Eviction cost example at Sacramento's typical rent
Take Zillow's typical Sacramento asking rent of $2,045 a month (September 2026) and a tenant who stopped paying. Five months behind is $10,225, which moves the filing fee from $240 to $385. Court and sheriff fees come to about $510 to $655 before an attorney, and an LLC or trust owner needs one. As an assumption, say the case takes two months from notice to lockout: that's $4,090 of rent you likely won't collect, plus cleaning and repairs, and a money judgment the court doesn't collect for you.
New eviction laws in California for 2025 and 2026
AB 2347: 10 court days to answer (2025)
Doubled the tenant's response time from five to ten court days and set new deadlines for demurrers and motions to strike, effective January 1, 2025.
AB 246: a Social Security defense to eviction (2026)
The Social Security Tenant Protection Act of 2025 lets a tenant sued for nonpayment raise a hardship defense if Social Security payments were stopped, delayed or reduced by the federal government. If the court accepts the evidence, it stays the case; the rent is still owed, and the tenant must pay or agree a payment plan within 14 days of benefits resuming. It runs until January 20, 2029.
Selling a rental during an eviction in Sacramento
You can sell a house with an eviction pending, but you narrow the buyers and hand them a lawsuit.
The eviction case survives a sale
Under CCP 368.5 a case doesn't end because the property changes hands: it can continue in your name, or the court can substitute the buyer. Agree in the purchase contract who runs the case, who pays for it and who gets any money judgment for back rent.
Who buys a Sacramento house mid-eviction
Buyers who'll live in the house need it empty, so an occupied house in litigation sells to investors. They price in the months to possession, the fees and the chance of a trial. The occupied route is covered on selling a rental with tenants.
A move-out agreement instead of finishing the eviction
A signed agreement for the tenant to leave by a set date, made in mediation or out of court, often reaches a vacant house sooner than a contested trial. Pricing that payment is covered in the cash for keys guide.
The security deposit when you sell or evict
Either way, the tenant's deposit still has to be accounted for: returned with a statement within 21 days of move-out, or transferred to the buyer at closing. The rules are in the California security deposit law guide.
An eviction decision list for a Sacramento owner
- Is there an at-fault reason? Unpaid rent or an uncured breach starts with a 3-day notice. Wanting to sell doesn't.
- Is the house covered by AB 1482? If so, every notice needs a stated just cause, and a no-fault one needs relocation money.
- Who owns it? An LLC, corporation or trustee needs an attorney in Sacramento eviction court.
- What's the arrears? Over $10,000 raises the filing fee to $385.
- Finish or sell? Compare the months to possession with an investor's price for the house occupied.
Justin can price the house both ways, occupied and vacant, so you can weigh the case against a sale. Start with selling your Sacramento rental, or read the California rules for selling a rental.
Eviction process in California: owner questions
How long does it take to evict a tenant in California?
The California courts' self-help guide says an eviction takes 30 to 45 days or more, counted from when the tenant is served with the court papers. Add the notice period first: three court days for unpaid rent, or 30 to 60 days to end a month-to-month tenancy. A tenant who answers gets a trial within 20 days of the landlord's request, and the sheriff then gives five days to leave.
What is the new law on eviction in California?
Two recent changes matter most. AB 2347, effective January 1, 2025, gives a tenant 10 court days to answer an eviction complaint instead of five. AB 246, effective in 2026, lets a tenant sued for nonpayment ask the court to stay the case when federal Social Security payments were stopped or delayed, though the rent is still owed once benefits resume.
What's the fastest a landlord can evict a tenant in California?
The fastest lawful route is a nonpayment case the tenant doesn't contest: a 3-day notice that excludes weekends and court holidays, 10 court days for the tenant to respond, a default judgment, a writ, and the sheriff's 5-day notice to vacate. Even that usually takes more than a month. Lockouts, utility shutoffs and removing belongings are illegal shortcuts that carry daily penalties.
Can a landlord evict you without going to court in California?
No. Only a court can order a tenant out, and only the sheriff can carry out the lockout. Civil Code 789.3 makes it illegal to change locks, remove doors or windows, take belongings or shut off utilities to force a tenant out, with damages of up to $100 a day and at least $250 per violation, plus attorney's fees.
How much does an eviction cost in Sacramento?
For a self-represented owner, the court filing fee is $240 for a claim up to $10,000 or $385 up to $35,000, issuing the writ is $40, and the Sacramento County Sheriff charges $50 to serve the summons and $180 for the eviction itself. Attorney fees and the rent lost while the case runs usually cost far more than those fees.
Can I sell my rental while an eviction is pending?
Yes. California law lets the case continue after a sale, either in the seller's name or with the buyer substituted as plaintiff. Most buyers of a house in an eviction are investors who price in the time until they get possession. The purchase contract should say who runs the case, who pays for it and who keeps any judgment for back rent.
How do you evict a tenant with no lease in California?
A tenant without a written lease is usually month-to-month. You end that tenancy with a written 30-day notice if they've lived there under a year or 60 days if longer, under Civil Code 1946.1. If AB 1482 covers the home and the tenant has been there 12 months, the notice must also state a just cause. If they stay past the date, you file an unlawful detainer.
Sources
- California Courts self-help: eviction for landlords
- California Courts self-help: start an eviction case
- California Courts self-help: after you serve your tenant
- California Courts self-help: after the judge's decision
- California Courts self-help: eviction notices for landlords
- Sacramento Superior Court: Unlawful Detainer (Landlord/Tenant)
- Sacramento Superior Court: Advisory Clinic for Small Claims and Unlawful Detainer
- Sacramento Superior Court: Small Claims and Unlawful Detainer Mediation Program
- Sacramento Superior Court: Unlawful Detainer jury trial process (Local Rule 2.94.01)
- Sacramento Superior Court: court locations
- Judicial Council: Statewide Civil Fee Schedule effective January 1, 2026
- Sacramento County Sheriff: Civil Bureau
- Sacramento County Sheriff: Civil Bureau fee schedule
- California Code of Civil Procedure 1161 (3-day notices)
- California Code of Civil Procedure 1166 (eviction complaint)
- California Code of Civil Procedure 1167 (time to respond)
- California Code of Civil Procedure 1170.5 (trial within 20 days)
- California Code of Civil Procedure 1174 (judgment, tenant property)
- California Code of Civil Procedure 715.020 (executing the writ)
- California Code of Civil Procedure 368.5 (transfer of interest)
- California Civil Code 789.3 (lockouts and utility shutoffs)
- California Civil Code 1946.2 (just cause, cure notice)
- AB 2347 (2024), chaptered text
- AB 246 (2025), Social Security Tenant Protection Act
- California Attorney General: tenants' rights
- Zillow Research: Observed Rent Index (September 2026)
Reviewed by Justin Vierra
Justin reviewed this page for accuracy on October 28, 2026. Figures come from the sources listed above. Our research process.
Justin Vierra is a Sacramento Realtor® with GUIDE Real Estate and Principal of the Vierra Group who sells rental homes for their owners, with tenants in place or vacant. He spent six years in Midtown property management before he began selling homes in 2010.
- Since 2010Licensed in California, DRE #01880488
- 6 yearsManaging Midtown rental property before he sold homes
- 447Vierra Group team sales on Zillow, 26 in the past 12 months
- 440+Career sales, as reported by Justin
- Six years in property management: Midtown Sacramento: older buildings, multifamily property, maintenance and tenants
- Principal, Vierra Group: His team at GUIDE Real Estate, 3001 I Street, Sacramento
- Sacramento Real Producers: Top 250 agent for 2025, as reported by Justin
Realtor®, DRE #01880488. Vierra Group, GUIDE Real Estate, 3001 I St, Suite 200, Sacramento, CA 95816. General information, not legal, tax or financial advice.
More about Justin →