The Complete California Commercial Eviction Guide for Landlords (2026)

Overview: California Commercial Eviction at a Glance

California commercial eviction is governed by the Unlawful Detainer (UD) statutes in the California Code of Civil Procedure, primarily CCP §§1161–1179. Unlike residential eviction, commercial UD has no just-cause requirement, no rent control overlay, and no local eviction moratorium protection (in most jurisdictions). A commercial landlord who follows the process precisely can obtain a judgment and sheriff lockout in as little as 30 days in an uncontested case, though 45–90 days is more typical and contested matters can take 6–18 months.

This guide covers the five core phases of California commercial eviction:

• Phase 1 — Pre-Notice Preparation
• Phase 2 — Notice Period (CCP §1161)
• Phase 3 — Unlawful Detainer Filing and Service
• Phase 4 — Court Proceedings and Judgment
• Phase 5 — Writ Execution and Damage Recovery

For an interactive visual version of this timeline, use the Timeline Dashboard and Penalty Estimator on the homepage.

Review the Lease Before Sending Any Notice

The lease is the governing document for every aspect of the commercial eviction. Before you send any notice, have your attorney (or you, carefully) review the lease to determine: (1) what constitutes "rent" and "additional rent" — this controls what you can include in a 3-day notice; (2) what constitutes a default; (3) whether there are any cure rights or cure periods that differ from the CCP defaults; (4) whether the lease requires landlord notice before exercising any remedies; (5) whether there is a personal guaranty.

Calculate the Exact Amount Owed

California's "exact amount rule" under CCP §1161(2) is one of the most common grounds for notice defects. The notice must state the exact amount of unpaid rent and additional rent. Including an incorrect amount — even a penny off — can make the notice defective and cause your UD to be dismissed. The exact amount includes: base rent for each unpaid period, any additional rent defined in the lease (CAM, taxes, insurance pass-throughs), but generally excludes late fees unless the lease expressly defines them as rent. See our CCP §1161 deep dive for the full analysis.

Check for Any Prior Waiver or Acceptance Issues

If you have been accepting partial payments or late rent without objection, a tenant may argue waiver. Before serving the notice, review whether any recent conduct could be construed as waiving the default. If you have accepted any payment in the current period you intend to include in the notice, consult with your attorney about whether that payment created a waiver of the current default.

Retain an Attorney

For commercial evictions involving significant rent amounts, sophisticated tenants, or any complexity in the lease, this is the time to retain experienced commercial eviction counsel. Having an attorney review the notice before it is served is far less expensive than having the case dismissed due to a notice defect and restarting the process one to three months later.

Three Types of Notices Under CCP §1161

California commercial eviction typically begins with one of three notice types:

3-Day Notice to Pay Rent or Quit (CCP §1161(2)) — Used for failure to pay rent. The tenant has 3 days to pay the exact amount stated in the notice or vacate. This is the most common commercial UD notice.

3-Day Notice to Perform Covenant or Quit (CCP §1161(3)) — Used for non-monetary lease violations (unauthorized subtenants, prohibited use, lease breaches other than non-payment). The tenant has 3 days to cure the breach or vacate.

3-Day Notice to Quit / Unconditional Notice (CCP §1161(4)) — Used when the lease allows termination without a cure opportunity, typically after repeated violations or for particularly serious breaches. No cure right — the tenant must vacate within 3 days.

The 3-Day Period — How to Count

The 3-day period begins the day after service. Do not count the day of service. Do not count Saturdays, Sundays, or court holidays. If the third day falls on a weekend or holiday, the period extends to the next court day. Example: served on Thursday → count Friday (1), Monday (2), Tuesday (3) → deadline is end of Tuesday.

Service Methods Under CCP §1162

The notice must be served by one of these methods in order of preference: (1) Personal service — hand-delivered directly to the tenant or authorized agent; (2) Substituted service — delivered to a person of suitable age and discretion at the premises, plus a copy mailed; (3) Post and mail — affixed to the main entry of the premises (when no one is present after reasonable attempts) plus mailed. If post and mail is used, add 5 days to the notice period. Always complete a written Proof of Service immediately after serving the notice. See our full CCP §1161 guide for service details.

Do Not Accept Payment After Serving the Notice

Once you have served the notice, do not accept any payment from the tenant unless you intend to waive the notice and start over. Even accepting a partial payment may constitute waiver and require a new notice. If the tenant tenders full payment within the 3-day period, you must accept it and the tenancy continues. If they tender partial payment, do not accept it — return it immediately by certified mail.

When to File

The UD complaint may be filed on the first court day after the 3-day notice period expires (or the 8th day after service if post-and-mail was used). Filing too early — even a day early — can be grounds for dismissal. Wait until the period has fully expired.

Where to File

File in the Superior Court in the county where the property is located. Most California Superior Courts have a Civil Limited division handling UD matters. Check whether the court requires eFiling (mandatory in many counties including San Francisco, San Diego, Los Angeles Civil). See our county-specific guides for courthouse addresses and filing requirements: Los Angeles, San Francisco, San Diego, Orange County, Sacramento, Silicon Valley.

The UD Complaint — Required Elements

The UD complaint must correctly allege: (1) the landlord-tenant relationship and lease terms; (2) the specific default (amount of unpaid rent and periods); (3) the notice served and the date and method of service; (4) the tenant's failure to cure within the notice period; (5) a demand for possession and any money damages sought. The complaint must be verified under penalty of perjury. Errors in the complaint — particularly in the notice attachment or the allegation of proper service — can result in dismissal.

Service of the UD Summons and Complaint

After filing, the summons and complaint must be served on the tenant. Unlike standard civil summons, the UD summons provides a short response time (5 judicial days under CCP §1167). Service must be by personal service, substituted service, or in the limited circumstances of post-and-mail. Use a licensed process server for UD service to ensure the proof of service is properly completed.

Tenant's Answer Deadline — 5 Judicial Days

Under CCP §1167, the tenant has only 5 judicial days to file a written answer to the UD complaint. If the tenant fails to answer within this period, the landlord can request the court clerk to enter the tenant's default. Once default is entered, the landlord can proceed to a default judgment — typically obtained at an "Order to Show Cause" or "Default Judgment" hearing, which may be held 1–2 weeks later in most counties.

The Tenant Files an Answer — Contested UD

If the tenant files an answer, the case becomes contested. The court will set the matter for a trial, typically within 20 days under the UD statutes' expedited timeline. In practice, in busy urban courts (LA, SF, San Diego), this may take longer. The tenant's answer may raise affirmative defenses including notice defects, improper service, waiver, breach of quiet enjoyment, or habitability issues. For a detailed analysis of tenant defenses, see our article California Commercial Eviction Defenses.

Trial and Judgment

UD trials are typically brief bench trials (before a judge, not a jury) unless either party demands a jury trial. The landlord must prove: (1) the tenancy existed; (2) the tenant defaulted; (3) proper notice was served; (4) the tenant failed to cure. If the landlord prevails, the court enters a judgment for possession and may also enter a money judgment for unpaid rent through the date of judgment.

Seeking Holdover Damages — CCP §1174(b)

If the tenant remains in possession beyond the date they were required to vacate under the notice, the landlord may be entitled to holdover damages under CCP §1174(b) — up to double the daily rental rate for each day of wrongful holdover. These damages must be specifically pleaded and proved. See our CCP §1174 guide for the full calculation methodology.

Writ of Possession — The Path to Lockout

After judgment, the landlord must obtain a Writ of Possession (form EJ-130). The writ is issued by the court clerk and must be delivered to the county Sheriff for enforcement. The Sheriff will post a 5-day "Notice to Vacate" at the premises. If the tenant has not vacated after the 5-day period, the Sheriff will physically lock out the tenant and take possession of the property on behalf of the landlord. Sheriff wait times vary significantly by county: Los Angeles Sheriff Civil units may take 2–4 weeks; other counties may be faster. Call your county Sheriff's Civil Division to confirm current processing times.

Abandoned Property After Lockout

If the commercial tenant leaves personal property behind, California's abandoned commercial property statutes apply (Civil Code §§1993–1993.09). The landlord must provide written notice to the tenant identifying the abandoned property, its location, and a reasonable time (typically 18 days) to retrieve it before the landlord may sell, donate, or dispose of it. Document the condition of all abandoned property with photographs. Wrongful disposal of high-value property can expose the landlord to liability.

Lease Termination Damages — Civil Code §1951.2

Beyond the UD judgment for possession and back rent, a commercial landlord may be entitled to substantial future lease termination damages under Civil Code §1951.2. These include the present value of all future rent under the lease minus what the landlord could reasonably collect from a replacement tenant. This is often the largest component of total damages — potentially hundreds of thousands or millions of dollars on long-term leases in high-rent markets. These claims are typically brought in a separate breach of contract action (not the UD), where the more complex damages analysis can be presented. See our Civil Code §1951.2 guide for the full methodology and the landlord's duty to mitigate.

Collecting the Judgment

A UD money judgment is enforceable for 10 years and renewable. Collection methods include: bank account levies, wage garnishment (if the tenant is an individual), abstract of judgment (creates lien on California real property), till tap (for cash-based businesses), and assignment orders (to capture business receivables). If the tenant has filed for bankruptcy, the judgment and collection process may be stayed — consult a bankruptcy attorney if this occurs.

Personal Guaranty Claims

If a personal guaranty was executed by a principal of the tenant entity (e.g., a startup founder), the guaranty is enforceable in a separate breach of contract action. Guaranty claims are not typically adjudicated in the UD proceeding. A strong personal guaranty — one with a "good guy" clause or a broad carve-out — may provide a faster path to collection than pursuing a judgment against an insolvent LLC.

1. Wrong amount in the 3-day notice — Including late fees not defined as rent, or arithmetic errors in calculating the total.
2. Wrong notice type — Using a cure-or-quit notice when the lease allows an unconditional notice, or vice versa.
3. Improper service — Not following CCP §1162 strictly; failing to properly complete a Proof of Service; not adding 5 days for post-and-mail.
4. Accepting payment after serving the notice — Even a single check deposited after service can constitute waiver.
5. Filing the UD too early — Filing before the notice period has fully expired.
6. Wrong courthouse — Filing in the wrong court (wrong county, or wrong district court within a multi-courthouse county).
7. Complaint not verified — The UD complaint must be signed under penalty of perjury. An unverified complaint is defective.
8. Attempting self-help eviction — Changing locks, removing the tenant's property, or shutting off utilities before a writ is executed. This exposes the landlord to significant liability under Civil Code §789.3 (which applies to commercial tenancies).
9. Not serving the UD summons within 60 days — The complaint must be served within 60 days of filing or the case may be dismissed.
10. Not engaging a commercial UD attorney for contested matters — Representing yourself against a tenant with experienced litigation counsel dramatically reduces your chance of success.