My South Bay Tenant Stopped Paying Rent. What Is the Exact Eviction Timeline in 2026?

Published July 15, 2026

A California nonpayment eviction runs roughly 45 to 90 days: 3-day notice, then filing, then a 10-court-day response window.

For nonpayment, the clock starts with a 3-day notice to pay rent or quit under Code of Civil Procedure section 1161(2), and that count excludes weekends and judicial holidays under Assembly Bill 2343, in effect since September 1, 2019, so it often runs closer to a full week. If the tenant does not pay or move out, you file an unlawful detainer, the tenant then has 10 court days to respond under Code of Civil Procedure section 1167 following AB 2347, and from there a contested case typically runs another 30 to 60 days to judgment and a sheriff's lockout.

Owners always want one number. There is not one, because a default case (tenant never responds) and a contested case (tenant answers and fights) move at very different speeds. Here is the real sequence, in order.

Day 0: the 3-day notice

You serve a 3-day notice to pay rent or quit under Code of Civil Procedure section 1161(2). The notice must state only the actual rent owed, not late fees or other charges, unless your lease expressly defines those as additional rent. Service has to follow Code of Civil Procedure section 1162: personal delivery, or delivery to someone at the unit over 18 plus a mailed copy, or posting on the door plus mailing if no one is home. Under the amendment made by Assembly Bill 2343, effective September 1, 2019, the 3 days are court days, meaning Saturdays, Sundays, and judicial holidays do not count. In practice a Friday notice will not expire until the following Wednesday.

Day 4 to 7: file the unlawful detainer

If the tenant has not paid or vacated when the notice period ends, you file an unlawful detainer complaint in the superior court for the county where the property sits. Filing itself is usually same day to a few days depending on court backlog, and the summons then has to be served on the tenant.

The response window: 10 court days, not 5

This is the single biggest 2026 change owners still get wrong. Assembly Bill 2347, signed in 2024 and effective January 1, 2025, doubled the tenant's response window from 5 court days to 10 court days under Code of Civil Procedure section 1167. That extra week is now baked into every case timeline, and it is still in effect through 2026. If the tenant never responds, you can request entry of default and a default judgment, which is the fastest path, often another 1 to 3 weeks for the clerk and judge to process. If the tenant answers, or files a demurrer, the case gets set for trial, which realistically adds another 20 to 45 days in Los Angeles County given current court calendars.

Judgment to lockout

Once you have a judgment for possession, the court issues a writ of possession, the sheriff serves the tenant with a notice to vacate (5 days in most counties), and only the sheriff, never you or your property manager, can perform the actual lockout.

Realistic total

Undisputed default cases in the South Bay typically run 30 to 45 days start to finish. Contested cases with a court trial commonly stretch to 60 to 90 days. Anything involving a rent-controlled unit or a just-cause eviction under Civil Code section 1946.2 adds its own separate notice and cure requirements on top of this nonpayment timeline.

What this means for you

Build your budget around 60 days for a contested case, not 30. Serve the 3-day notice the moment rent is late per your lease grace period, because every day you wait to serve is a day added to the back end. Never accept partial rent after serving a notice without a written reservation of rights, since a partial payment can restart or waive the notice entirely.

If you would rather not track court-day math and service rules yourself, that is what we do at Schofield.

This is general information, not legal or tax advice. Confirm with a licensed professional before you act.

Sources

1. California Code of Civil Procedure section 1161, grounds for unlawful detainer
2. California Code of Civil Procedure section 1167, time to respond after service
3. Hanson Bridgett, AB 2347 gives defendants more time to respond to eviction lawsuits
4. California Code of Civil Procedure section 1162, service of notice
5. California Civil Code section 1946.2, just cause eviction requirements
6. Hanson Bridgett, new timing requirements for California eviction actions under AB 2343, effective September 1, 2019

Last verified: July 2026.

Topics: playbook, eviction, unlawful detainer, nonpayment of rent, 3-day notice, 2026

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Schofield Properties is a family run property management company at 323 Richmond St, El Segundo, CA 90245. We have managed the South Bay since 1972 and personally oversee about 186 doors today. Book a call to talk about your property.