California Commercial Eviction: Unlawful Detainer & AB 2347
Step-by-step guide to commercial eviction in California, including the 2025 AB 2347 changes, 3-day notices, and unlawful detainer court procedures.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
California commercial evictions are primarily governed by the California Code of Civil Procedure (originally enacted March 11, 1872, effective January 1, 1873).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 Detainer. 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.
Sources & Official References
- California Code of Civil Procedure § 1161 - Unlawful Detainer
- California Code of Civil Procedure § 1167 - Summons and Response
- California Civil Code § 1946.1 - Termination of Periodic Tenancy (QCT)
- California Code of Civil Procedure § 1170 - Pleadings and Demurrers
- AB 2347 - Unlawful Detainer Response Time (2025)
Frequently Asked Questions
▶What are the California landlord-tenant laws every property owner should know?
California landlord-tenant law is governed primarily by Civil Code §1940–1954.06 and the Tenant Protection Act (AB 1482). Key requirements include a one-month security deposit limit (effective July 2024), statewide rent caps of 5% + CPI or 10% (whichever is lower), just-cause eviction protections for tenancies over 12 months, mandatory habitability standards, and extensive disclosure requirements. Non-compliance can result in statutory penalties and punitive damages.
Read the complete guide▶What is the California eviction process and how long does it take?
California distinguishes between at-fault and no-fault evictions. For unpaid rent, landlords serve a 3-Day Notice to Pay or Quit. For lease violations, a 3-Day Notice to Cure or Quit is required. No-fault evictions require 30 days notice for tenancies under one year, or 60 days for longer tenancies, plus relocation assistance equal to one month's rent under AB 1482. After notice expires, an Unlawful Detainer lawsuit is filed, and the full court process typically takes 5-8 weeks.
Read the complete guide▶What is the California security deposit limit in 2026?
As of July 1, 2024, California limits security deposits to one month's rent for all residential properties, regardless of whether the unit is furnished or unfurnished — eliminating the previous two-month limit. Landlords must return the deposit within 21 days of move-out with an itemized statement of deductions. Allowable deductions include unpaid rent, cleaning beyond normal wear and tear, and repair of tenant-caused damage.
Read the complete guide▶What are the California rent increase laws and caps for landlords?
Under AB 1482 (the Tenant Protection Act), most California residential properties are subject to annual rent caps of 5% plus the local Consumer Price Index (CPI), or 10%, whichever is lower. Landlords must provide 30 days written notice for increases of 10% or less, and 90 days for increases above 10%. Exemptions include properties built within the last 15 years, certain single-family homes, and owner-occupied duplexes.
Read the complete guide▶What is the grace period for late rent in California?
California does not mandate a statutory grace period for late rent — technically, rent is late the day after it is due. However, most leases include a 3-5 day contractual grace period. Late fees must be reasonable and reflect the landlord's actual costs from the delay. A 3-Day Notice to Pay or Quit cannot be served until rent is actually past due, and courts may reject excessive late fee provisions as unenforceable penalties.
Read the complete guide▶What disclosures must California landlords provide to tenants?
California requires extensive pre-lease disclosures including: lead-based paint warnings (pre-1978 buildings), Megan's Law sex offender database notice, bed bug history, mold hazards, proximity to former military ordnance locations, flood zone status, and any known environmental hazards. Landlords must also disclose the property's demolition or renovation history and provide contact information for the property owner or authorized agent.
Read the complete guide▶What are the California lease requirements for rental properties?
While oral leases are technically valid for terms under one year, California strongly favors written agreements. Required lease elements include rent amount and due date, security deposit terms, maintenance responsibilities, and rules regarding pets, smoking, and subletting. Lease terms must comply with AB 1482 just-cause eviction protections, and any waiver of tenant rights in the lease is void and unenforceable.
Read the complete guide▶What are California landlord maintenance obligations and habitability standards?
Under California's implied warranty of habitability, landlords must maintain properties in fit and livable condition. This includes working plumbing, heating, electrical systems, weatherproofing, clean common areas, functioning locks and windows, and pest control. If a landlord fails to make necessary repairs within 30 days of written notice, tenants may use the 'repair and deduct' remedy (up to one month's rent) or withhold rent entirely until conditions are corrected.
Read the complete guide📬 Get notified when these laws change
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