California · timeline calculator · statute checked 2026-10-01
Eviction Process in California (Unlawful Detainer)
In California an eviction is an unlawful detainer case under the Code of Civil Procedure (§§1159–1179a). Its short deadlines are counted in court days: the 3-day notices and the tenant’s 10-day response skip Saturdays, Sundays and judicial holidays (CCP §§1161, 1167), and the list of judicial holidays is the one in CCP §135, last amended effective January 1, 2026.
Enter the date the notice was delivered: the calculator gives every step with its earliest legal date and the section of the statute behind it, as a PDF and as calendar events.
Texas holdover: first end the tenancy under Prop. Code §91.001 (for a month-to-month, at least one month after your termination notice); then deliver the notice to vacate and enter that date (§24.005(a)).
Texas default is 3 days unless a written lease sets another period.
Case already moving? Enter the real dates to recalculate
Earliest legal dates only: the court and the sheriff set the real ones. Not legal advice — check the statute linked on each step and talk to a lawyer or legal aid office. Calculated in your browser; the dates (never names or addresses) are kept in the page address so you can bookmark or share it.
Pick the reason and the date to see every step with its date and statute.
How long does an eviction take in California?
If every step happens on the first day the statute allows and the tenant does not contest, about 29 days from the notice to removal by the sheriff: for unpaid rent with the notice delivered Monday, October 5, 2026, the earliest lockout is Tue, Nov 3, 2026. Holidays stretch it — a notice delivered Fri, Nov 20, 2026 takes 32 days. Real cases usually take longer, because the court sets the hearing and the sheriff executes the writ on their own calendars.
- 3-day notice to pay rent or quit served Cal. Code Civ. Proc. §§1161(2), 1162 Mon, Oct 5, 2026
- Last day to pay the rent in full Cal. Code Civ. Proc. §§1161(2), 135 Thu, Oct 8, 2026
- Earliest day to file the unlawful detainer Cal. Code Civ. Proc. §§1161, 135 Fri, Oct 9, 2026
- Summons and complaint served (no statutory deadline) Cal. Code Civ. Proc. §1167(c) Fri, Oct 9, 2026
- Last day for the tenant to file a response Cal. Code Civ. Proc. §1167(a)-(b) Fri, Oct 23, 2026
- If no response: earliest day to request default and judgment Cal. Code Civ. Proc. §1169 Mon, Oct 26, 2026
- Judgment and writ of possession (earliest: default) Cal. Code Civ. Proc. §§715.010, 1169 Mon, Oct 26, 2026
- Last day to move out after the writ is served Cal. Code Civ. Proc. §§715.010(b)(2), 12a Mon, Nov 2, 2026
- Earliest lockout by the sheriff Cal. Code Civ. Proc. §715.010(b)(2) Tue, Nov 3, 2026
- If the tenant responds: trial deadline Cal. Code Civ. Proc. §1170.5(a) Mon, Nov 16, 2026
Example: unpaid rent, notice delivered Monday, October 5, 2026; service assumed on the filing day and judgment on the first legal day.
Eviction notices in California
3-day notice to pay rent or quit
Unpaid rent. Must state the amount due and the name, phone number and address of the person to pay (and the usual days and hours for in-person payment), or a bank account, or an agreed electronic transfer.
3 days, excluding Saturdays, Sundays and judicial holidays · CCP §1161(2)
3-day notice to perform covenant or quit
A curable lease violation. If the tenant performs within the 3 days, the lease is saved.
3 days, excluding Saturdays, Sundays and judicial holidays · CCP §1161(3)
3-day notice to quit
Assigning or subletting against the lease, waste, nuisance, or unlawful use of the premises — no chance to cure.
3 days · CCP §1161(4)
30- or 60-day notice of termination
Ending a month-to-month tenancy (60 days if the tenant has lived there a year or more). After 12 months of occupancy the notice must also state a just cause, unless the property is exempt.
30 or 60 days · Civ. Code §§1946.1, 1946.2
Write the notice with the California eviction notice generator, or check which one fits with the eviction notice wizard. Ending a month-to-month tenancy? Use the notice to vacate generator.
How California counts the days
- For the 3-day notices and the 10-day response: the day of service does not count, and Saturdays, Sundays and judicial holidays are skipped (CCP §§1161, 1167).
- Judicial holidays are the full-day holidays of Gov. Code §6700 except Lunar New Year, Diwali, April 24, Admission Day and Columbus Day, plus every Saturday and the day after Thanksgiving (CCP §135).
- Other periods counted in calendar days end on the next court day when the last day is a Saturday or a judicial holiday (CCP §§12, 12a).
- Notices are served personally; or, if the tenant is absent, left with a person of suitable age at home or work and mailed; or posted on the property, handed to a resident if one is there, and mailed (CCP §1162). A landlord may not charge the tenant a fee for serving a notice (CCP §1161(6)).
Example with holidays: a notice delivered Fri, Nov 20, 2026 expires on Wed, Nov 25, 2026 , and the earliest filing day is Mon, Nov 30, 2026.
Judicial holidays that change the count, 2026–2027
Weekday holidays only (weekends are already excluded or extended). Source: CCP §135 and the Judicial Council’s published schedule.
| Date | Holiday |
|---|---|
| Thu, Jan 1, 2026 | New Year’s Day |
| Mon, Jan 19, 2026 | Martin Luther King, Jr. Day |
| Thu, Feb 12, 2026 | Lincoln’s Birthday |
| Mon, Feb 16, 2026 | Presidents’ Day |
| Tue, Mar 31, 2026 | Farmworkers Day |
| Mon, May 25, 2026 | Memorial Day |
| Fri, Jun 19, 2026 | Juneteenth |
| Fri, Jul 3, 2026 | Independence Day (observed) |
| Mon, Sep 7, 2026 | Labor Day |
| Fri, Sep 25, 2026 | Native American Day |
| Wed, Nov 11, 2026 | Veterans Day |
| Thu, Nov 26, 2026 | Thanksgiving |
| Fri, Nov 27, 2026 | Day after Thanksgiving |
| Fri, Dec 25, 2026 | Christmas Day |
| Fri, Jan 1, 2027 | New Year’s Day |
| Mon, Jan 18, 2027 | Martin Luther King, Jr. Day |
| Fri, Feb 12, 2027 | Lincoln’s Birthday |
| Mon, Feb 15, 2027 | Washington’s Birthday |
| Wed, Mar 31, 2027 | Farmworkers Day |
| Mon, May 31, 2027 | Memorial Day |
| Fri, Jun 18, 2027 | Juneteenth (observed) |
| Mon, Jul 5, 2027 | Independence Day (observed) |
| Mon, Sep 6, 2027 | Labor Day |
| Fri, Sep 24, 2027 | Native American Day |
| Thu, Nov 11, 2027 | Veterans Day |
| Thu, Nov 25, 2027 | Thanksgiving Day |
| Fri, Nov 26, 2027 | Day after Thanksgiving |
| Fri, Dec 24, 2027 | Christmas Day (observed) |
Days that may or may not count: federal holidays “observed” on a weekday when the real date falls on a weekend (5 U.S.C. §6103(b) applies them to federal pay and leave), and Texas’s optional holidays — Rosh Hashanah, Yom Kippur and Good Friday (Gov. Code §662.003(c)) and Cesar Chavez Day (§662.013) — which are not state holidays but on which a court may close. Whether a court treats them as holidays for §24.0042 is not settled, so the calculator shows both dates:
- Fri, Dec 31, 2027 — New Year’s Day (observed — Judicial Council designation)
Frequently asked questions
How long does an eviction take in California?
If every step happens on the first day the statute allows and the tenant does not contest, about 29 days from the notice to removal by the sheriff: for unpaid rent with the notice delivered Monday, October 5, 2026, the earliest lockout is Tue, Nov 3, 2026. Holidays stretch it — a notice delivered Fri, Nov 20, 2026 takes 32 days. Real cases usually take longer, because the court sets the hearing and the sheriff executes the writ on their own calendars.
Do weekends count in a California 3-day notice?
No. A 3-day notice to pay rent or quit, and a 3-day notice to perform or quit, give three days “excluding Saturdays and Sundays and other judicial holidays” (CCP §1161(2)-(3)). A notice served on a Friday before Thanksgiving week runs to the following Wednesday, and the case can be filed the next court day.
How long does a tenant have to respond to an unlawful detainer?
Ten days after the summons and complaint are served, excluding Saturdays, Sundays and judicial holidays, plus five more court days if service was completed by mail (CCP §1167(a)-(b), as amended by AB 2347 effective January 1, 2025).
What happens if the tenant does not respond?
On the landlord’s written application and proof of service, the clerk enters the tenant’s default and, if the landlord asks, immediately enters judgment for possession and issues the writ (CCP §1169).
How soon is the trial if the tenant responds?
No later than the 20th day after a party asks the court to set the trial, unless all parties agree to more time or the court holds a hearing on an extension (CCP §1170.5).
How long after the writ does the tenant have to move out?
Five days from the date the levying officer serves the writ (or, if it is posted, from service on the tenant); then the officer removes the occupants and puts the landlord in possession (CCP §715.010(b)(2)).
Sources
- CCP §1161 (unlawful detainer notices)
- CCP §1162 (service of notices)
- CCP §1167 (10-court-day response)
- CCP §§1169, 1170, 1170.5 (default, demurrer, trial)
- CCP §715.010 (writ of possession)
- CCP §§12, 12a, 135 and Gov. Code §6700 (counting and judicial holidays)
- Judicial Council court holiday schedule 2026–2027
- Civ. Code §§1946.1, 1946.2 (termination and just cause)
Read on the official sites on 2026-10-01. Other states: eviction process in Texas · eviction process in Florida · all states.
Not legal advice. The dates are the minimums the statute allows, counted from the dates you enter. The superior court of the county where the property is and the sheriff set the real dates, and local rules or your lease can change some periods. For your case, talk to a landlord-tenant lawyer or a legal aid office.