If a tenant stops paying rent or breaks the lease, California law gives landlords a specific process to recover the property — an unlawful detainer. You cannot change locks or remove belongings yourself; only the court and sheriff can. Here is the correct step-by-step.
Step 1: Serve the right notice
Start with the correct written notice — usually a 3-Day Notice to Pay Rent or Quit for unpaid rent, or a 30/60/90-day notice to end a tenancy. The notice must be served properly and fully expire before you file.
Step 2: File the unlawful detainer
If the tenant doesn’t comply, file the Complaint (UD-100), Summons (SUM-130), and civil case cover sheet at the superior court for the county where the property sits, and pay the filing fee.
Step 3: Serve the tenant
Have a non-party adult, process server, or the sheriff personally serve the summons and complaint, then file the proof of service (CIV-100).
Step 4: Wait for the response
The tenant has 5 days (excluding the service day) to answer. If they don’t, you can request a default judgment.
Step 5: Judgment and lockout
If you win (by default or at trial), the court issues a judgment and a writ of possession. The sheriff — not you — performs the lockout.
How Curbside Legal helps
We prepare your entire landlord eviction packet — notice, complaint, summons, and default judgment paperwork — court-ready. Get the DIY eviction packet or have us prepare it.
Curbside Legal is a legal document preparation service, not a law firm, and does not provide legal advice. Court and filing fees are separate.