How long before eviction in California?

At a glance

Grace period before a late fee

Not verified

Late fee cap

No statutory percentage or dollar cap. A late fee in a residential lease counts as liquidated damages, which is void unless it is a reasonable, pre-estimated amount for a harm that would otherwise be impracticable to calculate; a fee that works as a penalty is not enforceable.

Pay-or-quit notice

3 judicial days

The 3 days exclude Saturdays, Sundays, and judicial holidays, so the notice period always runs longer than 3 calendar days. The notice must state the amount of rent due and how the tenant can pay it, and it may be served any time within one year after the rent becomes due. The statute does not say whether a lease can shorten or lengthen the 3-day count, and it does not set a different rule for a tenant's first late payment. Some cities, including Los Angeles and San Francisco, add just-cause and other local eviction protections on top of this statewide notice rule; those local rules are not covered here.

Recorded court-stage timing

Not verified

Wait before the writ can be executed

5 days

Can paying stop it before judgment?

Yes

Can paying stop it after judgment?

Only in some cases

Lockouts without a court order banned?

Yes

Record sealing available?

Yes

Right to counsel

city

Fastest lawful timeline

19 daysNot independently verified. Figure from the Eviction Research Network's state eviction timeframes dataset, as of 2026-07-13. We have not yet checked it against the statutes.