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California Eviction Process FAQ Landlords must give the tenant 30 days to move out if they have lived in the unit for less than one year or have a month-to-month lease. Otherwise, 60 days' notice is required for tenants who have resided in the apartment for more than one year.

When responding to the notice to quit, there are several options available to the tenant: Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.

California Eviction Timeline Notice Received by TenantsAverage TimelineIssuance and Posting of Summons and Complaint4-5 daysTenant Response Period5 business daysCourt Ruling on the Eviction and Posting of Writ of Possession5 daysReturn of PossessionWithin 24 hours1 more row

How to ask for your eviction case to be dismissed Fill out forms. Fill out the following forms. ... Make copies of the form(s) Make 2 copies of the completed form(s). File the Request for Dismissal with the court. ... Serve the forms. ... File the Notice of Entry of Dismissal and Proof of Service.

The Sheriff will serve a 5-Day Notice to Vacate within three business days after receipt of the writ. The eviction occurs as soon as possible after the expiration of the 5-day notice. The writ of execution (possession of real property) expires 180 days after its issuance date.

How to ask for your eviction case to be dismissed Fill out forms. Fill out the following forms. ... Make copies of the form(s) Make 2 copies of the completed form(s). File the Request for Dismissal with the court. ... Serve the forms. ... File the Notice of Entry of Dismissal and Proof of Service.

1. Wait to see how your tenant responds. After your tenant is served the Summons and Complaint forms, they have 5 days to file a response with the court. The 5 days don't include Saturdays, Sundays, or court holidays.

To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.

Issue proceedings for possessionUsing County Court bailiffs (or sometimes High Court Sheriffs) acting under a court order for possession is the ONLY legal way you can physically evict tenants from a property if they refuse to go voluntarily.

Go to court to defend yourself. After you file your answer, a hearing will usually be scheduled. You must show up at this hearing to present your evidence. Bring canceled checks, photos of your rental property and any other evidence demonstrating that you should not be evicted and did not violate the lease.