California Commercial Eviction Process: Unlawful Detainer and AB 2347 Changes

California commercial evictions follow the unlawful detainer process outlined in the Code of Civil Procedure. Beginning January 1, 2025, AB 2347 significantly changed the timeline by doubling the response period for tenants. Additionally, AB 1384 (effective January 1, 2026) streamlines certain procedural delays. Understanding these changes is critical for California commercial landlords.

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 DetainerIl-preview mhux disponibbli. Landlords must always ensure their lease agreements directly adhere to this state code.

3-Day Notice to Pay Rent or Quit

The most common commercial eviction notice. It must state:

• The exact amount of rent due (or a reasonable estimate, clearly labeled as such).
• 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 not available in residential evictions.

3-Day Notice to Cure or Quit

For curable lease violations (unauthorized use, unauthorized subletting, etc.). 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. No cure opportunity.

Notices for QCTs (SB 1103)

Qualified Commercial Tenants receive enhanced notice periods: 60 days for lease termination (or 30 days if occupancy is less than one year). These apply regardless of conflicting lease terms.

The Unlawful Detainer Process (Updated 2025)

Step 1: Serve the Notice

The notice must be properly served. Methods include:

• Personal service (best evidence).
• Substituted service - left with a person over 18 at the premises + mailed copy.
• Posting and mailing - affixed to a conspicuous place on the property + mailed copy (last resort).

If served by mail, add 5 calendar days to the notice period.

Step 2: File the Unlawful Detainer Complaint

If the tenant does not comply after the notice expires, file a complaint with the Superior Court.

Step 3: Serve the Summons and Complaint

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

Step 4: Tenant Response - 10 Business Days (New)

As of January 1, 2025 (AB 2347), the tenant has 10 business days (excluding weekends and judicial holidays) to file a written response. This doubled the previous 5-day period.

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 is set within 20 days. AB 1384 (effective Jan 1, 2026) limits delay tactics by requiring demurrers to be heard within 5–7 court days.

Step 6: Judgment of Possession

If the court rules in the landlord's favor, a Judgment of Possession is entered.

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 if the tenant has not vacated.

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 delays.

Self-Help Eviction is Illegal

California strictly prohibits self-help evictions. A landlord cannot:

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

Violations can result in actual damages, statutory damages, and 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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