California Commercial Eviction: Unlawful Detainer & AB 2347

California commercial evictions are primarily governed by the California Code of Civil Procedure (originally enacted March 11, 1872, effective January 1, 1873). The process follows strict unlawful detainer statutes. Beginning January 1, 2025, AB 2347 significantly extended the legal timeline by doubling the response period for tenants. Additionally, AB 1384 (effective January 1, 2026) streamlines procedural hearings for demurrers to prevent excessive delays.

Notice Types and Timelines

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official California Code of Civil Procedure § 1161 - Unlawful DetainerPreview unavailable. Landlords must always ensure their lease agreements and notices directly adhere to these statutes.

3-Day Notice to Pay Rent or Quit

The most common commercial eviction notice (CCP § 1161). It must state:

• The exact amount of rent due (or a reasonable estimate, clearly labeled as such per CCP § 1161.1).
• The name, address, and phone number of the person authorized to receive payment.
• A statement that the lease will be forfeited if rent is not paid within 3 days.

For commercial leases, landlords are permitted to include a "reasonable estimate" of the amount owed - a flexibility provided by CCP § 1161.1.

3-Day Notice to Cure or Quit

For curable lease violations (unauthorized use, unauthorized subletting, etc.) under CCP § 1161(3). The tenant has 3 days to fix the violation.

3-Day Notice to Quit

For non-curable breaches, such as illegal activity on the premises (CCP § 1161(4)). No cure opportunity.

Notices for QCTs (SB 1103)

Qualified Commercial Tenants (QCTs), defined under Civil Code § 1946.1, receive enhanced notice periods: 60 days for lease termination (or 30 days if occupancy is less than one year). QCTs also require 90 days' notice for rent increases exceeding 10% (CC § 827).

The Unlawful Detainer Process (Updated 2025)

Step 1: Serve the Notice

The notice must be served according to CCP § 1162. Methods include:

• Personal service.
• Substituted service - left with a person over 18 at the premises + mailed copy.
• Posting and mailing ("Nail and Mail") - only if other methods fail.

If served by mail, add 5 calendar days to the notice period per CCP § 1013(a).

Step 2: File the Unlawful Detainer Complaint

If the tenant does not comply, file a complaint with the Superior Court of California in the county where the property is located.

Step 3: Serve the Summons and Complaint

The tenant must be formally served. This typically takes 1–5 days.

Step 4: Tenant Response - 10 Court Days

As of January 1, 2025 (AB 2347), the tenant has 10 court days (excluding Saturdays, Sundays, and judicial holidays) to file a written response. This amended CCP § 1167.

Step 5: Default Judgment or Trial

• If the tenant does not respond, the landlord can request a default judgment.
• If the tenant contests, a trial must be set within 20 days of the request (CCP § 1170.5). AB 1384 (effective Jan 1, 2026) limits delay tactics by requiring demurrers to be heard within 5–7 court days (CCP § 1170).

Step 6: Judgment of Possession

If the court rules in the landlord's favor, a Judgment of Possession is entered (CCP § 1174).

Step 7: Writ of Possession and Sheriff Lockout

The landlord requests a Writ of Possession. The sheriff posts a 5-day notice and then performs a physical lockout.

Total Timeline

An uncontested commercial eviction in California typically takes 5 to 8 weeks. Contested cases can take 3 to 6 months or longer if the tenant files motions or requests a jury trial.

Self-Help Eviction is Illegal

California strictly prohibits self-help evictions under Civil Code § 789.3. A landlord cannot:

• Change the locks.
• Shut off utilities.
• Remove tenant property.
• Physically bar the tenant from the premises.

Violations result in actual damages, statutory damages of up to $100 per day, and mandatory attorney fees.

How Landager Helps

Landager maintains a complete audit trail of all rent payments, notices served, and communications - giving you the documentation you need if an eviction reaches the courtroom.

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