UNLAWFUL DETAINER PROCEDURES & TIME DIAGRAM
Note: There are two steps to an eviction in California, and always in this order:
Proper, legal, writtennotice; and …
1
Unlawful Detainer (“Eviction”) Lawsuit
2
3-Day Notice to Cure or Quit
Tenant Pays Rent or Cures Violation of Rental Agreement
Tenant Does Not Pay Rent or Cure Violation of Rental Agreement
3 Days
Matter Ends
1
30 or 60-Day Notice Terminating Tenancy
1
Landlord Files Summons & Complaint for Unlawful Detainer at Court and Serves Tenant
2
5 Days
IMPORTANT: Tenant has only FIVE CALENDAR DAYS–including weekends – to respond to the lawsuit.
Preliminary Motions (Demurrer, Motion to Strike, Motion to Quash)
No Response Filed
File Answer, Jury Demand, and Discovery
8-13 days, except in San Francisco, usually Wed. or Thurs. 2 weeks after Answer.
Next Day
Default Judgment (Tenant Loses)
Motion to Vacate
Stay of Eviction
At Least 5 Days. In San Francisco, Sheriff’s eviction set for 2-3 weeks after judgment and on a Wednesday.
Sheriff’s Eviction
In San Francisco, courts will often grant a 1 week stay and possibly additional stays, with each additional stay progressively less likely to be granted.
30 or 60 Days
Mandatory Settlement Conference
7 days, except in San Francisco, usually the following Mon. but sometimes have to wait for a courtroom.
Trial
Lose
Win
Tenant Stays in PossessionTenant Must Pay All Back Rent (at rate determined by jury if defense is habitability)Tenant Recovers Cost of SuitTenant Recovers Attorney Fees If Provided in Rental Agreement.
1-4 Days
Settlement
Sheriff’s Notice
Settlement
