What is the step-by-step process for a landlord to legally evict a tenant in California for non-payment of rent?

To legally evict a tenant for non-payment of rent in California, you must serve a valid written notice and then file and win an Unlawful Detainer lawsuit in court. You cannot change the locks or remove the tenant yourself. Here is the step-by-step process: Step 1: Serve a "3-Day Notice to Pay Rent or Quit" You must first give the tenant a formal, written notice. This notice must state the exact amount of rent due, the tenant's name, the property address, and a clear statement that the tenant must pay the rent within three days or move out. The three-day period excludes weekends and court holidays. You must serve this notice properly by personal delivery, substitute service, or by posting it on the property and mailing a copy. Step 2: File an Unlawful Detainer Lawsuit If the tenant does not pay or move out within the three-day period, you can go to your local county Superior Court and file an eviction lawsuit. This requires filling out specific forms, including a Summons (SUM-130) and a Complaint - Unlawful Detainer (UD-100). You will have to pay a court filing fee. Step 3: Serve the Lawsuit on the Tenant You must have another adult, not you, formally serve the tenant with a copy of the filed Summons and Complaint. This person is called a process server. The tenant generally has five days to file a formal response with the court if they were served in person. Step 4: Obtain a Judgment If the tenant does not respond in time, you can ask the court for a default judgment. If the tenant does respond, a trial will be scheduled, usually very quickly. At trial, you must prove your case to a judge. Step 5: Get a "Writ of Possession" After you win the lawsuit, the court clerk will issue a document called a Writ of Possession. This is the final court order that gives you the legal right to take back the property. Step 6: Have the Sheriff Evict the Tenant Take the Writ of Possession to your local Sheriff's Department. A deputy will post a "5-Day Notice to Vacate" on the tenant's door. If the tenant still has not left after five days, the sheriff will return to physically remove the tenant and return possession of the property to you. Important Details: The 3-Day Notice must be perfect; even small errors can force you to start the entire process over. Do not include anything other than past-due rent on the notice, such as late fees. Keep copies of all notices, receipts, and court filings. Warnings: Self-help evictions are illegal and can result in significant penalties against you. Some cities have local rent control or eviction protections that add extra steps or requirements to this process. This is general information and does not constitute legal advice. For complex situations, or if you are unsure about any step, consult with a qualified California attorney.