What happens after a landlord files an unlawful detainer: the timeline for landlords

By Tyler Vance, California attorney · Updated 2026-09-28 · 4 min read

General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.

Once the notice period has run and the tenant hasn't paid, fixed the problem, or moved out, the next step is an unlawful detainer (eviction) lawsuit. Here is the general sequence I walk landlords through. Actual timing depends on the court, service, and what the tenant does, so treat this as an outline, not a promise.

Before filing: a valid notice

Most cases rise or fall on the notice. If it was defective, the case can be dismissed and you may have to start over. See my guide to 3-day notices and, for covered tenancies, the just-cause rules in Civil Code section 1946.2.

Step 1: File and serve the summons and complaint

The complaint is filed with the superior court in the county where the property is. The tenant then has to be properly served with the summons and complaint.

Step 2: The tenant's time to respond

Under Code of Civil Procedure section 1167, the tenant has 10 days after service to file a response, excluding Saturdays, Sundays, and other judicial holidays. The statute adds five court days in certain cases involving the Secretary of State's address confidentiality program. The tenant can answer, or can file a demurrer or motion to strike. Under section 1170, a hearing on those motions is generally set five to seven court days after the motion is filed.

Step 3a: If the tenant doesn't respond (default)

Under Code of Civil Procedure section 1169, if a served defendant doesn't appear and defend, the clerk, on the landlord's written application and proof of service, enters the default. If requested, the clerk enters judgment for possession and issues a writ of execution. Money claims, like unpaid rent, may require a further application to the court.

Step 3b: If the tenant responds (trial)

Under Code of Civil Procedure section 1170.5, trial is to be held no later than the 20th day after a request to set trial is made. The court can extend that if all parties agree, or after a hearing under the statute's procedure. In practice many cases settle before trial, and some courts hold mandatory settlement conferences.

Step 4: Judgment

If the landlord wins, the judgment awards possession and can include unpaid rent and damages. Under Code of Civil Procedure section 1174, the court can award statutory damages of up to $600 on top of actual damages if the tenant's unlawful detainer is shown to be malicious. Whether the lease is forfeited depends in part on what the notice said.

Step 5: Writ of possession and lockout

The judgment for possession is enforced by a writ of possession, which is executed by the levying officer (the sheriff or marshal, depending on the county). Under Code of Civil Procedure sections 715.010 and 715.020, the officer serves or posts the writ, and if the occupants don't vacate within five days, the officer removes them and puts the landlord in possession.

Step 6: Belongings left behind

The writ must state that personal property left behind will be sold or disposed of under section 1174 unless the tenant or owner pays the reasonable cost of storage and takes the property within 15 days after the landlord is put in possession. Follow that process carefully.

Don't use self-help

Civil Code section 789.3 prohibits a landlord, with intent to end the tenancy, from willfully shutting off utilities, changing the locks, removing doors or windows, or removing the tenant's belongings outside the legal process. Violations can lead to actual damages, per-day statutory damages, and attorney's fees. Let the court process and the levying officer do it.

Records

Code of Civil Procedure section 1161.2 limits public access to unlawful detainer court records in many cases, particularly early in the case. That can matter if you're planning around tenant screening or public records.

I represent landlords, owners, and authorized agents in unlawful detainer cases. I conflict-check the property and the parties first, then review the notice before anything is filed.

Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.