Short answer
A California eviction is a court case called an unlawful detainer. It starts with a proper written notice, then a filing with Placer County Superior Court, a 10-court-day window for the tenant to respond after in-person service, a trial or default judgment, and finally a writ that the sheriff enforces after a 5-day Notice to Vacate. The state courts say it often takes 30 to 45 days or more after court papers are served.
Before anything is filed
Rent is two weeks late at your Auburn rental, or a tenant keeps breaking a lease rule after you have asked nicely. The only lawful way to get possession back from a tenant who will not leave is through the court. Changing the locks, removing doors or windows, or cutting off water, power or gas to push someone out is illegal under Civil Code 789.3, and the tenant can recover daily statutory damages in addition to actual damages and attorney's fees.
Most cases are won or lost on the notice, so the first step deserves the most care. A tenant who has a pending repair complaint also has retaliation protection under Civil Code 1942.5, so a notice served soon after a complaint needs a real, good-faith reason stated in it.
Step 1: Pick and serve the right notice
The notice type depends on why you want possession back. The main ones under CCP 1161 and the termination statutes are:
- 3-day notice to pay rent or quit. Three days, not counting Saturdays, Sundays or court holidays. It must state the amount due and the name, phone number and address of the person to pay, and it may be served any time within one year after the rent was due.
- 3-day notice to perform covenants or quit. For a lease violation the tenant can fix, with the same weekend and holiday exclusion. If the home is covered by AB 1482, a notice to cure must come first.
- 3-day notice to quit. For nuisance, waste, unlawful use, or unauthorized subletting or assignment. There is no chance to cure.
- 30-day or 60-day notice. To end a month-to-month tenancy: 60 days once everyone has lived there a year or more, 30 days if not. A covered home also needs a just cause stated in the notice and, for a no-fault reason, relocation help.
Step 2: File with Placer County Superior Court
Wait until the notice period has fully run. The state self-help guide counts day 1 as the day after delivery, skips weekends and court holidays for notices that let the tenant fix the problem, and counts every day for 3-day notices to quit and 30- or 60-day notices. Serving notices is free to the tenant: since 2025 a landlord may not charge a fee for serving, posting or delivering one.
Placer Superior Court's own start-an-eviction packet lists the Civil Case Cover Sheet (CM-010), Summons (SUM-130), Complaint (UD-100), the Plaintiff's Mandatory Cover Sheet and Supplemental Allegations (UD-101) and a local Notice of Restricted Access (PL-CV002). A Prejudgment Claim of Right to Possession (CP10.5) is added when people not on the lease live in the home. Name every adult occupant, or the case may have to start over.
The packet says you can file at the Howard G. Gibson Courthouse in Roseville, at the Historic Courthouse at 101 Maple Street in Auburn, or through the court's eFiling service. Each tenant is then personally served with the filed papers and a blank Answer form (UD-105).
| Stage | What happens | Time set by law or the courts |
|---|---|---|
| Notice | You serve a 3-day, 30-day or 60-day notice | Notice period must fully pass before filing |
| Filing and service | Forms filed with Placer Superior Court; tenant personally served | Starts the response clock |
| Response | Tenant files an Answer, a motion, or nothing | 10 court days after in-person service |
| Trial or default | Judge decides at trial, or enters default | Set by the court |
| Writ and sheriff | Sheriff posts a Notice to Vacate, then enforces | 5 days after the Notice to Vacate |
Step 3: The tenant's response window
Since January 1, 2025 (AB 2347), a tenant served in person has 10 days to respond, not counting weekends and court holidays. The state courts list 15 court days for tenants served through the Safe at Home program and 10 calendar days plus 10 court days when papers were left with another person or posted and mailed.
If no response comes in, you can ask for a default judgment. If the tenant files an Answer, you request a trial date on form UD-150. A tenant may instead file a demurrer or motion to strike, which must be set for hearing 5 to 7 court days after filing under the current rules; the courts suggest getting legal help at that point.
Step 4: Judgment, the writ and the sheriff
If you win, the judgment goes on form UD-110 and you ask the clerk to issue a Writ of Execution (EJ-130). You take the writ to the sheriff, who serves a Notice to Vacate giving the tenant 5 days. If the tenant is still there after that, the sheriff returns, removes them and locks them out. Only the sheriff carries out the lockout, even after you have a judgment.
The tenant can still ask the judge for more time, ask to set aside the judgment, or appeal. If the judge rules for the tenant, the tenant stays and you may owe their court costs.
Rules added for 2026 and 2027
Social Security hardship (2026). Under Civil Code 1946.3, added by AB 246, a tenant facing a nonpayment case can show that Social Security benefits were stopped, delayed or reduced through no fault of their own. If the court finds the defense established, it pauses the case until 14 days after benefits are restored or six months, whichever comes first. The rent is still owed. This rule runs until January 20, 2029.
Notice service details (2027). Starting January 1, 2027, AB 747 requires the eviction complaint to state the date, time and place the termination notice was served, and adds proof rules for process servers. Keep a written record of every service now so the habit is in place.
Whether a home is covered by just cause rules changes which notices you can use. The covered-or-exempt guide helps you sort that out first, and our post on Auburn rental laws covers the notice basics. Careful tenant screening remains the step that keeps most owners out of court.
Common questions
How long does an eviction take in Placer County?
The California courts' self-help guide says evictions can take 30 to 45 days or more, counted from when the tenant is served with court papers until they must move out. Time spent on the notice comes before that. A contested trial, a demurrer, a request for more time or an AB 246 stay can add weeks or months, so plan for the longer end.
Does a tenant still have only 5 days to answer an eviction?
No. That was the rule before 2025. AB 2347 changed CCP 1167 so a tenant served in person has 10 days, not counting Saturdays, Sundays or court holidays. Substituted or posted service adds 10 calendar days to that, according to the courts' self-help guide. Older articles that still say five days are out of date.
Can I change the locks once the judge rules for me?
No. Even with a judgment, the lockout is done by the sheriff after the writ is issued and the 5-day Notice to Vacate runs out. Changing locks, removing belongings or shutting off utilities yourself breaks Civil Code 789.3 and can expose you to daily damages, actual damages and attorney's fees.
Where do I file an eviction for a rental in Auburn?
With the Superior Court of California, County of Placer. Its start-an-eviction instructions mention filing at the Gibson Courthouse in Roseville, at the Historic Courthouse at 101 Maple Street in Auburn, or online through eFiling. Call the Civil Division before you go, since counter services can change. The court's Self-Help Center also helps landlords and tenants with eviction forms.
Can I charge my tenant for serving the 3-day notice?
No. Since 2025, California bars landlords and their agents from charging a tenant any fee for serving, posting or delivering a notice, including a 3-day notice. Do not add notice or posting charges to the tenant's ledger. If you want help with notices on a rental you own, contact SPMG for a discovery call.
Recent changes
- January 1, 2026: AB 246 added a Social Security hardship defense in nonpayment evictions (Civil Code 1946.3), and AB 1384 limited continuances of eviction demurrer and motion hearings. (AB 246 (2025), California Legislative Information)
- January 1, 2025: AB 2347 extended the tenant's time to respond to an eviction from 5 to 10 days, excluding weekends and court holidays. (AB 2347 (2024), California Legislative Information)
Sources
- California Courts Self-Help Guide, The eviction process for landlords
- California Courts Self-Help Guide, What happens after you serve your tenant
- California Courts Self-Help Guide, After the judge's decision
- Superior Court of California, County of Placer, Start an Unlawful Detainer (Eviction) Case
- Code of Civil Procedure 1161, Notices (California Legislative Information)
- Code of Civil Procedure 1167, Time to respond (California Legislative Information)
- Civil Code 789.3, Utility shutoffs and lockouts (California Legislative Information)
Facts checked November 9, 2026 against the sources above. Reviewed by Mark Shvaya, Designated Broker, CA DRE #02243502. This guide is general information about California rules, not legal or tax advice for your situation.
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