Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
In the city of San Diego, about 279,300 of 530,400 occupied homes, or 52.7 percent, are rented, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora San Diego dataset, Table B25003). The median gross rent is $2,313 a month (Homzora San Diego dataset, Table B25064). For the many renters here, knowing how an eviction works under California law can make the difference between losing a home on a missed deadline and keeping it.
This guide walks through each stage of a residential eviction in San Diego: the notice, the court case, chances to pay and stay, appeals, and removal. It also explains why a landlord cannot lock you out on its own, and where to get free help. Deadlines in eviction cases are short, so if you have received a notice or court papers, contact a lawyer or legal aid office now.
Quick answers
- Nonpayment notice: 3 days, not counting weekends and court holidays (Cal. Code Civ. Proc. § 1161).
- Answer: 10 court days after personal service (Cal. Code Civ. Proc. § 1167).
- Trial: within 20 days of a request for trial (Cal. Code Civ. Proc. § 1170.5).
- Removal: 5 days after the sheriff serves the writ (Cal. Code Civ. Proc. § 715.010).
The eviction timeline in San Diego
| Stage | Timing | Source |
|---|---|---|
| 3 day notice to pay or quit, or to cure | 3 days, not counting weekends and court holidays | Cal. Code Civ. Proc. § 1161 |
| Landlord files an unlawful detainer | After the notice period ends | California Courts Self Help Guide, Eviction |
| Answer | 10 court days after personal service | Cal. Code Civ. Proc. § 1167 |
| Trial | Within 20 days of a request for trial | Cal. Code Civ. Proc. § 1170.5 |
| Sheriff notice to vacate | 5 days after the writ is served | Cal. Code Civ. Proc. § 715.010 |
These are minimum periods in the law. Court schedules, continuances, and appeals often make the real process longer, and a case can move faster if a tenant misses a deadline.
The notice
For unpaid rent, a California landlord must serve a written 3 day notice to pay or quit, not counting Saturdays, Sundays, and judicial holidays (Cal. Code Civ. Proc. § 1161). A curable lease violation also requires a 3 day notice that lets you fix the problem (Cal. Code Civ. Proc. § 1161). Notices to quit for nuisance or illegal use count every day (Cal. Code Civ. Proc. § 1161; California Courts Self Help Guide, Eviction notices).
To end a month to month tenancy, a landlord must give 60 days’ notice, or 30 days if you have lived there less than a year (Cal. Civ. Code § 1946.1). Many tenancies are also covered by the Tenant Protection Act, which requires a just cause once a tenant has lived in a unit for 12 months, requires a notice to cure before most at fault terminations, and requires relocation help equal to one month’s rent for no fault terminations (Cal. Civ. Code § 1946.2). Some homes, including housing built within the past 15 years and certain single family homes, are exempt (Cal. Civ. Code § 1946.2).
The court case
An eviction lawsuit in California is called an unlawful detainer (California Courts Self Help Guide, Eviction). If you are served in person, you have 10 court days to file an answer, not counting weekends and court holidays; other service methods add time (Cal. Code Civ. Proc. § 1167; California Courts Self Help Guide, Summons and complaint). If you do not respond, the landlord can win by default (California Courts Self Help Guide, Respond to an eviction). Filing fees can be waived for people who qualify (California Courts Self Help Guide, Summons and complaint). Once a party asks for trial, it must be held within 20 days (Cal. Code Civ. Proc. § 1170.5). The court’s self help guide says a case can take 30 to 45 days or longer from the notice (California Courts Self Help Guide, Eviction).
After judgment
If the landlord wins, the sheriff serves a notice to vacate, and you are removed if you have not left within 5 days of service (Cal. Code Civ. Proc. § 715.010). The court self help guide notes that an appeal does not by itself stop the sheriff, but you can ask the court for a stay (California Courts Self Help Guide, If you lose). In some nonpayment cases where the lease has not expired, the court may hold the writ for 5 days after judgment while the tenant pays the rent, damages, and costs into court (Cal. Code Civ. Proc. § 1174).
Lockouts and utility shutoffs
A California landlord may not shut off utilities to force you out, change the locks, remove outside doors or windows, or remove your belongings without your written consent. A tenant can recover actual damages plus up to $100 for each day the violation continues, with a minimum of $250 (Cal. Civ. Code § 789.3). A landlord also may not retaliate with an eviction within 180 days after a protected act such as a repair request (Cal. Civ. Code § 1942.5).
Paying to stop the case
Paying the full rent demanded within the 3 day notice period ends the nonpayment notice (Cal. Code Civ. Proc. § 1161). After that, any payment arrangement depends on the landlord’s agreement or the limited relief described above (Cal. Code Civ. Proc. § 1174).
Local rules
Some California cities add their own tenant protections on top of state law. Ask the court’s self help center or a legal aid office whether a local ordinance applies to your home (California Courts Self Help Guide, Eviction).
Free help in San Diego
Each California superior court has a self help center, and the court’s online guide walks tenants through answering an eviction (California Courts Self Help Guide, Eviction). For rental assistance, call 211 (211.org).
Fair housing
The federal Fair Housing Act prohibits discrimination in rental terms because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604). HUD accepts complaints (HUD, File a Complaint).
What to do the day you get a notice
- Read the notice and write down the deadline, the amount claimed, and the reason given.
- Check the amount against your own records, and gather receipts or bank statements for every payment.
- Contact a legal aid office or tenant hotline right away, before the deadline passes.
- If you can pay, pay in a way that creates a record, and ask for a written receipt.
- If you need rental assistance, call 211 and ask about emergency rent programs.
- Do not move out or stop paying future rent without advice; either can hurt your case.
Preparing for your hearing
- Arrive early or log in early, and bring photo identification.
- Bring your lease, the notice, your payment records, and photos of any repair problems.
- Bring copies of every message with your landlord, organized by date.
- Write a short timeline of what happened so you can explain it clearly.
- Ask the court about mediation, interpreters, or a self help center if you need them.
Missing a hearing usually leads to a default judgment, so contact the court in advance if you have an emergency.
Talking with your landlord
Many evictions end in an agreement rather than a judgment. If you can catch up on rent over time, propose a specific payment plan in writing. If you plan to move, ask for a written agreement that sets a move out date, says how the deposit will be handled, and says whether the landlord will dismiss the case. Never rely on a verbal promise, and read any court agreement carefully before you sign it.
Frequently asked questions
How long does an eviction take in California?
The court self help guide says it can take 30 to 45 days or longer from the notice (California Courts Self Help Guide, Eviction).
How long do I have to answer?
10 court days after personal service, not counting weekends and court holidays (Cal. Code Civ. Proc. § 1167).
Can my landlord change the locks?
No. Lockouts and utility shutoffs are prohibited (Cal. Civ. Code § 789.3).
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- Homzora San Diego dataset, Table B25003
- Homzora San Diego dataset, Table B25064
- Cal. Code Civ. Proc. § 1161
- Cal. Code Civ. Proc. § 1167
- Cal. Code Civ. Proc. § 1170.5
- Cal. Code Civ. Proc. § 715.010
- California Courts Self Help Guide, Eviction
- California Courts Self Help Guide, Eviction notices
- Cal. Civ. Code § 1946.1
- Cal. Civ. Code § 1946.2
- California Courts Self Help Guide, Summons and complaint
- California Courts Self Help Guide, Respond to an eviction
- California Courts Self Help Guide, If you lose
- Cal. Code Civ. Proc. § 1174
- Cal. Civ. Code § 789.3
- Cal. Civ. Code § 1942.5
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint