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California Commercial Eviction — Key Numbers at a Glance
3
Day Notice Minimum
CCP §1161 — pay or quit
30
Avg Days to Judgment
Uncontested UD action
2×
Holdover Damages
CCP §1174(b) — double rent
$10K+
Avg Legal Exposure
Attorney fees + damages
Navigate by county for local courthouse details, or explore specific statutes in the Legal Codes section. Need a 3-day notice? See our 3-Day Notice Guide.
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Interactive Commercial Eviction Compliance Timeline
Click any phase to expand detailed steps, deadlines, and applicable California civil codes.
1
Pre-Notice — Lease Review & Default Documentation
Before Day 1 · Internal preparation
- AAudit the Commercial Lease AgreementConfirm notice requirements, cure periods, and any arbitration clauses. Corporate leases often extend cure periods to 30–60 days beyond the statutory minimum.Civil Code §1511
- BDocument the Breach in WritingCompile rent ledgers, returned check records, lease violation photographs, and written communications. This evidence is required for unlawful detainer proceedings.CCP §1161(2)
- CCalculate Total Rent Arrears to the PennySum all unpaid base rent, CAM charges, and contractually authorized late fees. The notice must state the exact amount — any deficiency invalidates the notice and restarts the clock.CCP §1161(2)
- DConsult a Commercial Eviction Attorney
2
Statutory Notice — 3-Day, 10-Day, or 30-Day Notices
Day 1–3+ · Service of notice is the starting gun
- A3-Day Notice to Pay Rent or QuitRequired for nonpayment of rent. Must state the exact rent amount, the period it covers, and demand payment or surrender within 3 days (excluding weekends and court holidays). See our full 3-Day Notice guide and template.CCP §1161(2)3 Days (excl. weekends/holidays)
- B3-Day Notice to Perform Covenant or QuitFor non-monetary violations: unauthorized subletting, property damage, operating outside permitted use. Tenant must cure within 3 days or vacate.CCP §1161(3)
- C3-Day Unconditional Notice to QuitFor incurable violations — nuisance, illegal activity, third breach after two prior notices. No cure option. Strongest pre-litigation posture.CCP §1161(4)No Cure Right
- DValid Service of Notice — Three MethodsPersonal service on tenant or authorized agent (preferred). Substituted service — leave with person of suitable age at place of business + mail. Post & mail — affix to main entry + mail (adds 5 days to period).CCP §1162Service Method = Fatal if Wrong
3
Unlawful Detainer Filing — Superior Court Action
Day 4–10 · Once notice period expires without compliance
- AFile Unlawful Detainer Complaint in Superior CourtFile in the county where the property is located. Filing fees range $240–$450+ depending on amount in dispute. See county-specific court info: LA · SF · San Diego · Orange County.CCP §1166
- BSummons Issued — 5-Day Response Window for TenantThe court issues a summons. Commercial tenants have only 5 business days to respond after personal service — vs. 30 days in standard civil suits. This expedited timeline is unique to UD proceedings.CCP §11675 Business Days to Respond
- CRequest Default Judgment (If No Response)If the tenant fails to respond, immediately request a default judgment for possession, back rent, damages, costs, and attorney's fees. Default judgments can issue within days in most counties.CCP §1169
- DTrial Date — Within 20 Days of Request (Contested)If the tenant files an Answer, the court sets trial within 20 days. Commercial UD trials are bench trials. The expedited schedule reflects California's policy of swift possession dispute resolution.CCP §1170.520-Day Trial Setting
4
Judgment & Writ of Possession — Recovering the Property
Day 20–45 · Post-judgment enforcement
- AJudgment for Possession EnteredCourt enters judgment awarding possession plus past-due rent, statutory damages, court costs, and attorney's fees (if lease provides for fee-shifting).CCP §1174
- BWrit of Possession — Sheriff LockoutLandlord requests a Writ of Possession from the court clerk. Delivered to the County Sheriff, who posts a 5-day notice before executing the lockout. Sheriff fees apply.CCP §712.0105-Day Sheriff's Notice Required
- CHoldover Damages — Double Rent CalculationIf the tenant remains after the writ issues without legal right, courts may award twice the daily rental value for each day of continued occupancy. Use our Penalty Estimator below to calculate.CCP §1174(b)2× Daily Rent
5
Post-Eviction — Damages, Mitigation & Re-Leasing
Day 45+ · Ongoing landlord duties and damage collection
- ALandlord's Duty to Mitigate DamagesLandlords must make reasonable efforts to re-let. Failure to mitigate reduces recoverable future rent damages. See Civil Code §1951.2 for the full damages formula.Civil Code §1951.2Civil Code §1951.4
- BCollect the Money JudgmentJudgments are good for 10 years (renewable). Enforce via bank levies, wage garnishment, keeper levies on business accounts, or recording an abstract of judgment as a real property lien.CCP §683.02010-Year Enforceability
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Statutory Damages & Penalty Estimator
Enter your lease details to estimate total financial exposure under California Civil Code and CCP. Not legal advice.
Base rent only — include CAM if defined as "rent" in the lease
Drives Civil Code §1951.2 future rent exposure
Triggers 2× daily rent under CCP §1174(b)
Typically $4,000–$15,000+ for commercial UD
Estimated Damage Breakdown
Unpaid Rent Arrears (CCP §1161)—
Late Fees (per lease)—
Holdover Damages — 2× Daily Rent (CCP §1174(b))—
Future Rent Loss (Civil Code §1951.2)—
Less: Mitigation Discount—
Attorney's Fees & Court Costs—
Less: Security Deposit Credit—
Estimated Net Exposure—
⚠️ Legal Disclaimer: This estimator is for educational purposes only and does not constitute legal advice. Consult a licensed California commercial real estate attorney before taking action.
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California Civil Code & CCP Quick Reference
| Code | Topic | Key Rule | Severity |
|---|---|---|---|
| CCP §1161(2) | 3-Day Notice to Pay or Quit | Must state exact rent; excludes weekends/holidays from 3-day count | Critical |
| CCP §1161(3) | Curable Covenant Violations | 3 days to cure non-monetary breach or vacate | Critical |
| CCP §1161(4) | Incurable Violations | No cure right; unconditional quit for nuisance, illegal activity | Critical |
| CCP §1162 | Service of Notice | Personal > Substituted > Post & Mail (post+mail adds 5 days) | Critical |
| CCP §1167 | Tenant Response Period | Only 5 business days to respond after personal service of summons | Critical |
| CCP §1174(b) | Holdover Damages | 2× daily rental value for each day of unlawful holdover post-judgment | Critical |
| Civil Code §1951.2 | Lease Termination Damages | Present value of future rent for remaining lease term, net of mitigation | Critical |
| Civil Code §1951.4 | Mitigation Duty | Landlord must make reasonable efforts to re-let; tenant's damages reduced | High |
| Civil Code §1950.7 | Commercial Security Deposit | No statutory max; landlord must account and return unused portion with itemization | Moderate |
| CCP §683.020 | Judgment Lifespan | Money judgments enforceable for 10 years; renewable before expiration | Moderate |
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Frequently Asked Questions — California Commercial Eviction
California Code of Civil Procedure §1161(2) requires a minimum 3-day notice to pay rent or quit for nonpayment. The 3 days excludes weekends and judicial holidays. Some commercial leases extend this to 5, 10, or 30 days — always review the lease before serving notice. A defective notice is fatal to the unlawful detainer action.
An uncontested commercial eviction typically takes 30–60 days from service of the 3-day notice to physical lockout. A contested eviction where the tenant files an Answer can take 3–6 months or longer, especially in high-volume courts like Los Angeles and San Francisco.
No — self-help eviction is illegal in California. Changing locks, removing doors, shutting off utilities, or removing property without a court-issued writ of possession exposes the landlord to actual damages, punitive damages, and attorney's fees. The only lawful path is through the Superior Court UD process.
Courts may award twice the daily rental value for each day of unlawful holdover. Daily rental value = monthly rent ÷ 30. Example: $12,000/month tenant holding over 15 days = ($12,000 ÷ 30) × 2 × 15 = $12,000 in holdover penalties. Use the Penalty Estimator above to calculate your scenario. Full analysis at CCP §1174 guide.
Yes. Under Civil Code §1951.2, commercial landlords must make reasonable efforts to re-let the property after eviction. Future rent losses are recoverable only to the extent they could not reasonably have been avoided. Landlords who sit on vacant properties risk substantial reduction in their damage claims.
Attorney's fees are governed by the lease, not by statute. If the lease contains a prevailing party fee clause, the winning party can recover fees. California Civil Code §1717 makes such clauses mutual — a prevailing tenant can recover fees even if only the landlord is named. Find experienced counsel via our attorney directory.
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Explore by County or Legal Code
Each California county has unique courthouse procedures, filing fees, and UD timelines. Select your jurisdiction for local detail.
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