Important: This information is for educational purposes only and does not constitute legal advice. Court fees and requirements change frequently. Always verify with your local court before filing.
Eviction in California
Open-data reference.
Non-payment of rent (3-day notice), lease violation (3-day notice), no-cause (60-day notice for 1+ year tenants)
What This Means for Your Eviction Filing in California
Filing for eviction in California costs $240–$450 at the courthouse — the first financial barrier most self-represented filers face. Unlawful Detainer filing: $240-$450 depending on county. Beyond the filing fee, a mandatory waiting period of 3 days applies before the court can finalize the matter, and the typical case timeline is Uncontested: 3-5 weeks. Contested: 2-3 months.. Because California courts operate at the state and county level, local surcharges, service-of-process fees, and motion filing fees can add meaningfully to the out-of-pocket total. Every person whose household income falls below roughly 125–200% of the federal poverty line can apply for a fee waiver (sometimes called "in forma pauperis") with the court clerk.
Procedurally, California lays out 7 distinct steps, and the clerk typically requires 5 core document categories to open your case. Residency rules matter: standard state residency rules apply. Grounds or legal theory must be stated clearly in the initial petition — Non-payment of rent (3-day notice), lease violation (3-day notice), no-cause (60-day notice for 1+ year tenants). Missing a required element, filing in the wrong venue, or failing to perfect service within the statute-of-limitations window can cause dismissal without prejudice, forcing you to refile and pay the fee again.
This is public court-fee and procedural data, not legal advice. Outcomes in eviction cases depend heavily on facts, evidence, documentation, and the judge assigned. If your matter is contested, involves minor children, real property, significant debts, domestic violence, or immigration consequences, consult a licensed California attorney or contact your state legal-aid office before filing. Data on this page was last verified 2026-03 against California court sources; always confirm the current fee schedule with the clerk before paying.
Filing Fee Details
Unlawful Detainer filing: $240-$450 depending on county.
Key Requirements
- Serve proper written notice (3, 30, or 60 days)
- Wait for notice period to expire
- File Unlawful Detainer complaint if tenant stays
- Serve defendant (5-day summons)
- Writ of Possession if tenant does not vacate after judgment
Step-by-Step Process
- 1
Serve written notice (3-day pay-or-quit, 30/60-day no-cause)
- 2
Wait for notice period to expire
- 3
File Unlawful Detainer in Superior Court
- 4
Serve tenant with Summons and Complaint (5 days to respond)
- 5
Default judgment if no response, or trial date set
- 6
Obtain Writ of Possession
- 7
Sheriff enforces eviction
Important Notes
Many California cities have strong tenant protections and just cause eviction requirements.
Grounds / Eligibility
Non-payment of rent (3-day notice), lease violation (3-day notice), no-cause (60-day notice for 1+ year tenants)
Quick Reference
- Filing Fee
- $240–$450
- Waiting Period
- 3 days
- Typical Timeline
- Uncontested: 3-5 weeks. Contested: 2-3 months.
Official Resources
Other Civil Processes in California
Find Legal Help
Free Legal Aid in California
Free or low-cost legal representation may be available based on income.
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PlainAttorney.com →Frequently Asked Questions
How much does it cost to file for eviction in California?
The filing fee for eviction in California is $240–$450. Unlawful Detainer filing: $240-$450 depending on county.
How long does eviction take in California?
Uncontested: 3-5 weeks. Contested: 2-3 months.
Do I need a lawyer for eviction in California?
You are not legally required to hire an attorney for eviction in California, but legal representation is recommended for complex cases. Free or low-cost legal aid may be available — see lawhelp.org for California resources.
Is there a waiting period for eviction in California?
California requires a mandatory waiting period of 3 days before the process can be finalized.
Where do I file for eviction in California?
Eviction filings in California are handled through the state court system. Visit the official court website for county-specific filing locations and current fee schedules.
What documents are needed for eviction in California?
Key requirements include: Serve proper written notice (3, 30, or 60 days); Wait for notice period to expire; File Unlawful Detainer complaint if tenant stays.
Where does this data come from?
This information is sourced from California court websites, legal aid organizations, and public court fee schedules. Data was last verified 2026-03. Always verify current fees and requirements directly with your local court before filing.
Data Sources & Disclaimer
This information is sourced from California court websites, legal aid organizations, and publicly available court fee schedules. Data was last verified 2026-03. This content is for educational purposes only and does not constitute legal advice. Court fees, waiting periods, and requirements change. Always verify current information directly with your local court before filing. Consider consulting a licensed attorney for your specific situation.
Read our methodology — how this data is sourced, computed, and verified.
All federal data sources used on this page
- U.S. Courts Federal Court Cases — Civil — civil case-filing statistics by district. uscourts.gov/statistics-reports
- PACER Civil Case Records — individual federal civil case access. pacer.uscourts.gov
- National Center for State Courts (NCSC) — state-court civil-case statistics. ncsc.org
- DOJ Civil Division — federal civil-rights and consumer-protection actions. justice.gov/civil
- EEOC Charge Statistics — federal employment-discrimination case data. eeoc.gov/data
- CFPB Consumer Complaint Database — financial-product civil complaint data. consumerfinance.gov/data-research/consumer-complaints
Related
| Publisher | Kiznis Studio |
| Sources | Public state court datasets and federal civil-justice records |