California Tenant Rights and Eviction Laws: What Renters Need To Know

Facing eviction can feel overwhelming, especially if you aren’t sure what your rights are. The good news is that California has strong laws that protect renters from being unfairly evicted.

This guide explains how the eviction process works in California and what steps you can take if you're at risk of losing your home.

In this article, you’ll learn:

• What eviction means and when it’s legal

• What kind of notice your landlord has to give you

• What happens once an eviction case is filed in court

• How to respond to an eviction notice or lawsuit and what defenses you can use

• Practical tips for renters trying to stay in their homes

• Where to find free or low-cost legal help and rental assistance

Whether you're already in the eviction process or just trying to understand your legal rights, this article can help you take the next step.

What Is Eviction? 

👉 Eviction is the legal process a landlord must follow to make a tenant move out. 

In California, a landlord can’t just change the locks, throw out your things, or shut off your water or electricity. That’s called an illegal eviction, and it’s against the law.

To evict someone legally, the landlord has to give proper notice and then take the case to court. Only a judge can order a tenant to leave.

A landlord might start the eviction process for a few reasons. In California, these include things like unpaid rent, lease violations, or staying in the home after your lease ends. We’ll explain each of these below.

Who Can Be Evicted in California?

Eviction usually applies when there’s a rental agreement between a landlord and a tenant. This agreement can be written or verbal, and it gives someone the right to live in a property in exchange for paying rent.

💡 Even if your name isn’t on the lease, you can still be affected by an eviction. If you live with someone who is being evicted — like a partner, roommate, or family member — you might also have to move out. That’s because the court’s eviction order usually applies to everyone living in the home, not just the person who signed the lease.

If you’re unsure about your rights, it may be helpful to connect with a free legal aid organization in your area to understand your situation. California has many local tenant support groups that can help you figure out your next steps. You’ll find a list of these resources at the end of this article.

Why Can Someone Be Evicted in California?

In California, landlords can’t evict you for just any reason. They need a legally valid reason — also called just cause — to begin the eviction process. 

Here are the most common reasons for eviction:

• Missed rent or late rent

• If you fall behind on rent, even by a few days or a small amount, your landlord can give you a written notice to pay or move out for non-payment of rent.

• This includes paying rent late or not paying the full amount.

• Breaking the lease agreement: You might face eviction if you violate the lease. Common examples include:

• Having unauthorized pets

• Subletting the apartment without permission

• Causing serious property damage

• Creating a nuisance for neighbors

• Using the home for illegal activity

• Staying after your lease ends

  • If your lease expires and you don’t sign a new one or move out, your landlord may begin the eviction process.

  • Even if you continue paying rent, they can still move forward as long as they give proper notice.

Each of these reasons comes with different notice rules, which we’ll explain in the next section. But no matter the reason, your landlord has to follow a legal process and go through the courts before they can evict you. 

Types of Eviction Notices in California

The type of notice your landlord or property management company must give depends on why they’re trying to evict you. 

Some notices give you a chance to fix the issue, while others ask you to move out with no option to stay. 

Here are the most common types of eviction notices in California and what each one means.

3-Day Notice to Pay Rent or Quit

This is used when you’re behind on rent. It gives you 3 days to pay the full amount or move out. If you pay on time and in full, the eviction can’t continue.

3-Day Notice to Perform or Quit

This is used when you’ve broken one of the terms of the lease that can be fixed, such as removing an unauthorized pet or stopping a prohibited sublet. It gives you 3 days to correct the issue or move out.

3-Day Notice to Quit (Non-Curable Violation)

This is used for serious lease violations that can’t be fixed, like property damage, illegal activity, or serious safety violations. It gives you 3 days to move out with no option to correct the issue.

30-Day Notice or 60-Day Notice to Terminate Tenancy

This is used when your lease has ended or the landlord wants to end a month-to-month agreement.

You’ll have 30 days to vacate if you’ve lived there less than a year, or 60 days if you’ve lived there one year or more.

The landlord doesn’t need to give a specific reason, but they must follow the proper timeline.

90-Day Notice for Subsidized Housing (Section 8)

This is used when you live in housing that receives government assistance. Landlords must give 90 days’ notice before starting the eviction process.

No matter which notice you receive, your landlord can’t evict you immediately. You still have rights, and the eviction process can only move forward after the notice period ends and the landlord files a court case.

You’ll learn what happens next in the eviction process in the following section.

California’s Eviction Lawsuit Process (Unlawful Detainer)

If the deadline on the eviction notice passes and you haven’t fixed the issue or moved out, your landlord can file an eviction lawsuit. 

⚖️ This type of case is called an unlawful detainer lawsuit in California.

Here’s what typically happens next:

The Landlord Files in Court

Your landlord must go to court and file official paperwork to begin the eviction proceeding. They can’t legally force you out without taking this step.

You Get Served With Court Papers

After the case is filed, you’ll receive two documents:

• A summons, which tells you when and where to appear in court

• A complaint, which explains why your landlord is trying to evict you

These documents must be delivered to you by someone who is at least 18 years old and not involved in the case. 

💡 This is called serving the papers.

The landlord must serve you within 60 days of filing the lawsuit.

You Have a Deadline To Respond

Once you’re served, your deadline to respond depends on how the papers were delivered:

• 5 days if you were handed the papers in person

• 15 days if the papers were mailed after attempts to serve you in person

• 15 days if the landlord posted the notice on your door and mailed it after failing to reach you three times

Your response to the lawsuit is called an answer. In the next section, we’ll explain what that means and how to do it.

How To Respond to an Eviction Lawsuit

Once you're served with eviction papers, you have a limited amount of time to respond. This response is called an answer, and it’s your chance to explain your side of the story to the court.

Step 1: Fill Out the Answer Form

To respond, you’ll need to complete a court form called an Answer–Unlawful Detainer (UD-105) form. This form asks basic questions about your situation and gives you space to explain why you believe the eviction isn’t legal or fair.

You can also use this form to bring up defenses or counterclaims, which we’ll explain more in the next section.

Step 2: File Your Answer on Time

You’ll need to file your answer with the court before your deadline, which depends on how you were served:

• 5 days if the papers were handed to you directly

• 15 days if the papers were posted and mailed or mailed after failed attempts to serve in person

⚠️ Filing late can seriously hurt your case. If you miss the deadline, the landlord can ask the court for something called a default judgment — which usually means they automatically win the case because you didn’t respond.

Step 3: Show Up to the Court Hearing

Filing your answer is just the first step. You also need to attend your court hearing and be ready to explain your situation. This is your opportunity to tell the judge why you believe you shouldn’t be evicted.

Defenses and Counterclaims You Can Use

If you’re being evicted, it’s important to know that you can fight back. You may have a defense you can raise in the case. 

💡 A defense is a legal reason why the eviction shouldn’t be allowed to move forward.

You may also be able to sue your landlord for damages, which is called filing a counterclaim. These are both ways to tell your side of the story and help protect your rights during the eviction process.

What Is an Affirmative Defense?

👉 An affirmative defense is a legal reason why the landlord shouldn’t be allowed to evict you. You’ll include any defenses you have in the answer form when you respond to the eviction lawsuit.

Here are some common examples of affirmative defenses in California:

• The landlord didn’t give proper notice. Maybe the timing was wrong or the notice didn’t include all required details.

• The home was not habitable. If your landlord failed to make essential repairs — like fixing heat, plumbing, or dealing with infestations — this may be a valid defense.

• You legally withheld rent for repairs. If you paid for necessary repairs out of pocket after the landlord ignored requests, you may be protected.

• You’re being evicted because you asserted your rights. If you filed a complaint or requested repairs and now your landlord is retaliating, the court may not allow the eviction.

• You’re experiencing discrimination. Evictions based on race, gender, disability, or family status are illegal under fair housing laws.

You don’t need to know the legal terms — just explain your situation honestly in the form. Many tenants use these defenses to show the court that the eviction isn’t fair or legal.

What Is a Counterclaim?

👉 A counterclaim is when you sue your landlord during the eviction case. This won’t stop the eviction by itself. But if you win, the judge may reduce what you owe or even award you money.

You might be able to file a counterclaim if:

• The landlord entered your home without permission.

• You paid rent for months when the property was unsafe or unlivable.

• The landlord damaged or took your belongings.

• You were harassed or discriminated against.

While a counterclaim doesn’t guarantee you get to stay in the rental property, it can help balance the scales and hold your landlord accountable.

How Do You File Affirmative Defenses and Counterclaims?

You’ll need to include your defenses and any counterclaims when you respond to the eviction lawsuit. This usually happens at the same time you file your answer with the court.

• Affirmative defenses are included in your Answer–Unlawful Detainer (UD-105) form. You’ll check boxes that apply to your case and have space to explain your situation in more detail.

• Counterclaims usually require a separate form. You’ll file them with the court when you submit your answer. The process varies a bit depending on where you live in California, so you may need to do some research or get legal advice for this part.

What Happens After the Court Decision?

After your court hearing, the judge will make a decision. 

🏠 If the judge decides in your favor, the case ends and you can stay in the rental unit. 

But if the judge rules for the landlord, here’s what happens next:

1. The landlord gets a judgment for possession. This court order gives them the legal right to take back the property.

2. They can immediately request a writ of possession. This legal document allows the sheriff to carry out the eviction.

3. You’ll get a 5-day notice to move out. The sheriff will deliver this notice after the writ is issued. It gives you five calendar days to leave the property on your own.

4. If you don’t move out, the sheriff can remove you. This usually happens within 1–2 weeks after the notice, but it can take up to 25 days depending on scheduling.

5. You can ask the court for more time. This is called a stay of execution. If granted, it can give you up to 40 extra days to move out. You must file a request with the court, explain why you need more time, and bring money to cover the length of time (the court will give it to the landlord).

Can You Appeal the Court Decision?

Yes, you have the right to appeal.

You have either 90 days from when the judge enters the judgment or 30 days from when you receive a copy of the judgment, whichever comes first, to file an appeal.

Practical Tips for Tenants Facing Eviction in California

Eviction can be stressful, but there are still steps you can take to protect yourself and possibly stay in your home. 

Here are some tips:

• Gather evidence. Save texts, emails, letters, photos, repair receipts, or anything else that supports your side of the story.

• Ask for a housing inspection. If there are serious repair problems, you can request a city or county building inspector to document them. This might support your defense.

• If you miss your hearing, contact the court right away. Ask the clerk if you can reschedule or if giving advance notice could help you avoid a default judgment.

• If you can pay the rent you owe, do it quickly. Paying during the notice period may stop the eviction. Always get a receipt or proof of payment.

• Try to talk to your landlord. Many landlords are willing to work out a deal — especially if you offer to pay part of the rent or agree to move by a certain date.

• Get any agreement in writing. If you and your landlord make a deal, write it down and have both of you sign it. Keep a copy for yourself.

• Avoid an eviction record if you can. Eviction cases can make it harder to rent in the future, even if you eventually win. If you’re able to move out or resolve the issue before court, that may be the best outcome in the long term.

You don’t have to go through this alone. The next section lists places you can turn to for free or low-cost legal help and rental assistance in California.

Tenant Resources in California

• California Courts Page on Eviction has self-help resources to help understand tenant protections.

• Project Sentinel has tenant-landlord dispute resolution resources.

• Stanford’s Community Law Clinic provides low-cost legal assistance.

• California Courts page includes information on free and low-cost legal services.

• Small Claims Court & Unlawful Detainer has helpful information on unlawful detainer cases. 

• Grants.ca.gov has a list of rental assistance programs.