What is an unlawful detainer?
"Unlawful Detainer" refers to the legal process of evicting a tenant from a property due to nonpayment of rent, endangering other tenants, or property damage.
There are a series of steps the landlord must follow in order to legally remove the tenant from the property. First, the landlord must serve the tenant with written notice. Depending on specific circumstances, the landlord must provide the tenant with written three day, 30 day, 60 day or 90 day notice.
If the tenant has not corrected the problem or has not moved out within the time period provided in the Notice, the landlord may then file an unlawful detainer suit to begin evicting the tenant.
What are my rights as a tenant?
Your landlord's notice must be properly delivered and contain certain information to be legally valid. See the links below for more information. If the notice's time limit expires and your landlord begins an unlawful detainer lawsuit, the deadline to respond to the summons is short (10 or 20 days depending on the method of service).
Even if your name is not on the lease of the property, you may still be named in the unlawful detainer suit. You also have the option of adding yourself to the suit if you are a tenant who is not on the lease.
According to the California Judicial Branch (see below), "A landlord cannot lock a tenant out, shut off utilities, or throw out their belongings to make them leave. They must go through the court process. If they do not, they may have to pay the tenant a penalty."
Recommended Resources
Online:
California Judicial Branch Self-Help
Superior Court of California, County of Riverside Self-Help: Evictions
Inland Counties Legal Services Tenant/Landlord Assistance Program
Housing Authority of the County of Riverside: Landlord/Tenant Mediation
Books:
(All titles are available electronically from any RCLL location unless otherwise noted. Ask staff about remote availability.)
California Tenants’ Rights (Nolo/EBSCO)
Available in print: Riverside, Palm Springs
Call Number: KFC 145 .P67 2024 REF
The California Landlord’s Law Book: Evictions (Nolo/EBSCO)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 145 .B7 E9 2015 REF
The California Landlord’s Law Book: Rights and Responsibilities (Nolo/EBSCO)
Available in print: Riverside, Palm Springs
Call Number: KFC145 .B7R5 2015 REF
The Rutter Group California Practice Guide: Landlord-Tenant (Westlaw)
Available in print: Riverside, Palm Springs
Call Number: KFC 145 .F75
California Landlord Tenant Practice (CEB)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 145 .C362 CEB REF
California Eviction Defense Manual (CEB)
Available in print: Riverside, Palm Springs
Call Number: KFC 1028 .E9M682 CEB REF
Matthew Bender Practice Guide: California Landlord-Tenant Litigation (Lexis)
Available digitally on-site only.
Pertinent California Codes:
CA Code of Civil Proc. Sec.1161-1179a
Please Note: The information presented in this research guide is intended to provide a
foundation for legal research. For information pertaining to your case please consult with an
attorney, court facilitator, or specialist.
Revised 10/29/25
