Borna Houman Law files and tries unlawful detainer cases for landlords and property owners across Los Angeles County. We never appear for tenants. This page is the procedure itself: what the lawsuit costs, how long each stage takes, how service has to be done, and what happens when a tenant answers.
Key takeaway: An unlawful detainer is California’s expedited possession lawsuit, and it is the only lawful way to remove a tenant. A tenant has five court days to answer, trial must be set within 20 days of a request, and an uncontested Los Angeles case reaches a sheriff lockout in 45 to 75 days. A contested case with a habitability defense runs 90 to 150 days.
Call (888) 42-BORNA to schedule a confidential consultation. Borna Houman Law, 2530 Wilshire Blvd, Santa Monica, CA 90403. Landlords and property owners only.
What is an unlawful detainer in California?
An unlawful detainer is a summary lawsuit under Code of Civil Procedure section 1161 that decides one question: who is entitled to possession of the property right now. The statute compresses the ordinary civil timeline, which is why it moves in weeks rather than years, and it is also why procedural mistakes are fatal rather than curable.
Self-help is not an alternative. Changing the locks, removing a door, shutting off utilities, or taking a tenant’s belongings exposes an owner to statutory damages under Civil Code section 789.3 of up to $100 per day with a $250 minimum per violation, plus actual damages and the tenant’s attorney fees. Owners who try to shortcut the process routinely end up paying more than the unpaid rent.
The action begins with a notice, not a complaint. The notice sets the ground, the cure period, and the amount claimed, and every later step is measured against it. In our experience representing Westside owners, the single most common reason a Los Angeles possession case fails is that the notice was served or counted incorrectly. Have the notice reviewed before it goes out by calling (888) 42-BORNA.
How much does an unlawful detainer cost in California?
A landlord filing an unlawful detainer in California pays a $240 court filing fee when the demand is under $10,000, $370 when it is between $10,000 and $25,000, and $145 to the Los Angeles County Sheriff to execute the writ of possession. Attorney fees on an uncontested case typically run $1,500 to $3,500, and a contested case tried to judgment commonly runs $7,500 to $25,000.
| Cost item | Amount | When it is paid |
|---|---|---|
| Court filing fee, demand under $10,000 | $240 | At filing |
| Court filing fee, demand $10,000 to $25,000 | $370 | At filing |
| Process server, personal service | $75 to $150 per defendant | After filing |
| Motion for order to post and mail | $60 plus attorney time | If the tenant evades service |
| Sheriff writ of possession, Los Angeles County | $145 | After judgment |
| Attorney fees, uncontested | $1,500 to $3,500 | Through default judgment |
| Attorney fees, contested to trial | $7,500 to $25,000 | Through trial |
| Jury trial deposit, if demanded | $150 plus daily fees | Before trial |
Where the lease has an attorney fee clause, a prevailing landlord may recover fees from the tenant, and the clause runs both ways under Civil Code section 1717 regardless of how it is drafted. Recovery against a tenant who has no assets is a paper judgment, so we price the case on the value of possession rather than on the arrears. Call (888) 42-BORNA for a fee estimate on your building.
How long does it take to file an unlawful detainer in California?
A landlord can file an unlawful detainer the day after the termination notice expires, and there is no waiting period beyond that. From filing, an uncontested case reaches judgment in roughly two to four weeks and a sheriff lockout in 45 to 75 days measured from the day the notice was served.
| Stage | Statutory timing | Typical elapsed days |
|---|---|---|
| Notice served on the tenant | Day 0 | 0 |
| 3-day notice expires | 3 days, weekends and judicial holidays excluded | 5 to 7 |
| Complaint filed | Any time after expiration | 6 to 10 |
| Summons and complaint served | Personal service preferred | 8 to 20 |
| Tenant answer deadline | 5 court days after service, CCP 1167 | 15 to 27 |
| Default and clerk’s judgment, if no answer | Immediately on request | 18 to 30 |
| Trial, if answered | Within 20 days of a trial request, CCP 1170.5 | 40 to 70 |
| Writ of possession issued | 1 to 5 days after judgment | 25 to 80 |
| Sheriff posts a 5-day notice to vacate | CCP 1174 | 35 to 90 |
| Lockout | After the 5-day posting | 45 to 150 |
Two things stretch that schedule. A tenant who cannot be served personally forces a motion for an order permitting service by posting and mailing, which adds ten to twenty days. And a tenant who files a demurrer or a motion to quash buys a hearing date, which in a busy Los Angeles department can add three to five weeks even when the motion has no merit. Call (888) 42-BORNA if a tenant has already appeared in your case.
Our office sits at 2530 Wilshire Blvd in Santa Monica, minutes from the Santa Monica Courthouse. Call (888) 42-BORNA to schedule a confidential consultation.
How must an unlawful detainer be served in California?
Under Code of Civil Procedure section 1162, a termination notice is served by personal delivery to the tenant, by leaving it with a person of suitable age at the residence or business and mailing a copy, or by posting it on the premises and mailing a copy when no one of suitable age can be found. The summons and complaint follow the ordinary service statutes, and posting requires a court order under Code of Civil Procedure section 415.45.
Service errors we see most often on Los Angeles files:
- Mailing the copy on a later day than the posting, which breaks the substituted-service sequence.
- Serving only the named tenant when adult occupants have been in possession for months, which leaves people in the unit after judgment.
- Counting the three days from the day of service rather than from the day after, and counting weekends.
- Using a proof of service that does not state the time, place, and manner with enough specificity to survive a motion to quash.
- Posting on a gate or a mailbox rather than in a conspicuous place on the premises itself.
Where unnamed adults are in occupancy, we file a prejudgment claim of right to possession with the summons so that the judgment binds everyone in the unit. Skipping that step is what produces a lockout that does not clear the property. Owners can reach us at (888) 42-BORNA.
What defenses do tenants raise, and how do owners beat them?
The five defenses that actually decide Los Angeles possession cases are defective notice, breach of the warranty of habitability, retaliation, discrimination, and failure to comply with a local rent stabilization ordinance. Each is beaten with documents assembled before the notice goes out, not after the answer is filed.
| Defense | Authority | What defeats it |
|---|---|---|
| Defective or miscounted notice | CCP 1161, 1162 | Correct amount, correct parties, dated proof of service |
| Breach of warranty of habitability | Civ. Code 1941.1, CCP 1174.2 | Repair tickets, vendor invoices, dated photographs, inspection reports |
| Retaliation | Civ. Code 1942.5 | A documented ground predating the tenant’s complaint |
| Discrimination | Gov. Code 12955, FEHA | Consistent enforcement across the building |
| Local ordinance noncompliance | LAMC 151.00 et seq. and city ordinances | Current registration, filed notice, paid relocation |
| Acceptance of rent after notice | Common law waiver | Written rejection and no deposit of post-expiration rent |
Retaliation deserves particular care. Civil Code section 1942.5 creates a rebuttable presumption of retaliation when an owner serves a termination notice within 180 days of a tenant’s habitability complaint to a public agency, so the file has to show the ground existed first. If a tenant has already complained to the Los Angeles Housing Department, call (888) 42-BORNA before serving anything.
What does a habitability defense cost an owner?
Under Code of Civil Procedure section 1174.2, if the court finds a substantial breach of the warranty of habitability in a nonpayment case, it determines a reasonable rental value for the period of the breach, and the tenant retains possession by paying that reduced amount within five days of the judgment. The owner also pays the tenant’s reasonable attorney fees on that issue.
The practical exposure is two-sided. The rent recovery shrinks to the reduced value, and the fee award can exceed the arrears. That is why we treat a habitability answer as a document case: the vendor invoice with a date on it is worth more than any testimony about how responsive the management company has been. We defend habitability claims from the owner side only.
How is a commercial unlawful detainer different?
A commercial unlawful detainer is governed by the lease rather than by rent control, so no just-cause statute, relocation payment, or registration requirement applies, and the notice period is whatever the lease specifies or three days by default. The tradeoff is that the amount stated in a commercial three-day notice must be exact, because an overstated demand voids the notice and CAM reconciliations frequently make the number arguable.
Commercial owners also have remedies that do not exist in residential cases. Civil Code section 1951.2 allows recovery of the unpaid rent plus the present value of the rent for the balance of the term, less what the tenant proves could reasonably be avoided. Civil Code section 1951.4 lets a landlord keep the lease alive and sue for rent as it comes due, where the lease permits assignment and subletting on reasonable terms. Personal guaranties are enforced in a separate civil action rather than in the possession case.
What happens after judgment?
After judgment for possession the clerk issues a writ of possession, the writ is delivered to the Los Angeles County Sheriff with the $145 fee, and the sheriff posts a five-day notice to vacate on the premises before performing the lockout. The tenant’s belongings left behind are handled under Code of Civil Procedure section 1174, which requires written notice and a storage and sale procedure rather than disposal.
A tenant may apply for relief from forfeiture under Code of Civil Procedure section 1179, which allows a court to restore the tenancy on payment of all rent due and on a showing of hardship. In Los Angeles these applications are common on the eve of lockout, and an owner who has a clean record of the arrears and the notice usually defeats them.
What exposes an owner to a wrongful eviction claim?
Wrongful eviction exposure in Los Angeles comes from four sources: a lockout performed without a sheriff, a no-fault termination where the stated ground was not honored, a failure to pay statutory relocation, and utility shutoffs or harassment during a pending notice. The City of Los Angeles Tenant Anti-Harassment Ordinance adds civil penalties on top of the state remedies.
These are avoidable with process discipline. Use the sheriff for every removal, carry out the stated ground in good faith when a unit is recovered for owner occupancy, pay relocation before the notice period runs, and route all tenant contact through counsel once a notice is served. Rules and forms for owners are published by the Los Angeles Housing Department and the California Courts.
Representative results for Los Angeles property owners
The outcomes below are representative scenarios drawn from the types of matters this firm handles. They illustrate how these cases proceed. They are not guarantees, and no result is ever assured.
- Representative scenario, West Los Angeles duplex. A nonpayment case was answered with a habitability defense. Dated vendor invoices and a city inspection report reduced the claimed breach period, and the matter resolved by stipulated judgment with possession surrendered inside 90 days.
- Representative scenario, Wilshire Boulevard retail suite. A commercial tenant disputed a CAM reconciliation inside a three-day notice. The demand was recalculated and re-served, judgment for possession followed, and damages were pursued separately against the guarantor under Civil Code section 1951.2.
- Representative scenario, rent-stabilized building in the City of Los Angeles. An owner move-in case was re-started after the registration lapse was cured and the Housing Department filing was corrected, and possession followed without a contested trial.
Borna Houman Law represents landlords and property owners only. Call (888) 42-BORNA to schedule a confidential consultation about your unlawful detainer.
Frequently asked questions about unlawful detainer in Los Angeles
How long does a tenant have to respond to an unlawful detainer?
A tenant served with an unlawful detainer summons in California has five court days to file a response, excluding weekends and judicial holidays, under Code of Civil Procedure section 1167. If nothing is filed, the landlord requests entry of default and the clerk enters judgment for possession.
Can I file an unlawful detainer without a lawyer?
An individual owner may file in propria persona, but a corporation, limited liability company, or partnership must appear through counsel in California courts. The bigger risk is not the filing, it is that a defective notice or proof of service ends the case and the clock restarts, which usually costs more in lost rent than the fee would have.
What happens if the tenant pays the rent after I file?
Accepting rent for a period after the three-day notice expired generally waives the notice and requires the owner to start over with a fresh notice. Accepting rent for a period that ended before the notice expired does not waive it. Reject post-expiration payments in writing and do not deposit them while the case is pending.
Do I need a separate case to collect the money?
Unpaid rent through judgment, holdover damages, and costs are recoverable in the unlawful detainer itself, and attorney fees are recoverable where the lease provides for them. Damages for the balance of a commercial lease term under Civil Code section 1951.2 and claims against a personal guarantor are pursued in a separate civil action.
How much does the Los Angeles County Sheriff charge for a lockout?
The Los Angeles County Sheriff charges $145 to receive and execute a writ of possession, and the sheriff posts a five-day notice to vacate on the premises before the lockout is performed. Owners should not attempt a removal themselves at any point.
Do you represent tenants in unlawful detainer cases?
No. Borna Houman Law represents landlords, property owners, investors, and HOA boards only, which means there is no conflict when an owner brings us a building with several problem tenancies at once. Reach us at (888) 42-BORNA.
Speak with an unlawful detainer attorney in Los Angeles
Borna Houman is the founding attorney of Borna Houman Law, admitted to the California Bar under number 352339, practicing from 2530 Wilshire Blvd in Santa Monica. The firm is rated 5.0 across 60 client reviews and appears in the unlawful detainer departments of the Los Angeles Superior Court, including the Santa Monica Courthouse and the Stanley Mosk Courthouse. Call (888) 42-BORNA.
Related pages: Los Angeles Landlord Attorney, Landlord-Tenant Law, Commercial Landlord-Tenant Disputes, Nuisance Claims, Lease Drafting and Review, and Rent and Security Deposit Disputes.
Further reading for owners: the 60-day notice to vacate landlord guide, the 90-day notice to vacate landlord guide, and the West Hollywood rent stabilization landlord guide. For a case review on your building, call (888) 42-BORNA.
This page is general information about California unlawful detainer procedure and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter. Borna Houman Law, 2530 Wilshire Blvd, Santa Monica, CA 90403. (888) 42-BORNA.
