How Much Does It Cost to Evict a Tenant in California? (Attorney Fees & Court Costs)

Dealing with a tenant who refuses to pay rent or violates their lease is incredibly frustrating. For property owners, the loss of rental income is only the beginning of the financial burden. When asking how much does it cost to evict a tenant in California, landlords must account for various mandatory state fees, specialized process servers, and essential legal representation. Whether you own an apartment complex in San Diego, a duplex in Oakland, or a single-family home in Bakersfield, budgeting for the Unlawful Detainer process is critical.

Trying to save money by handling the eviction yourself often leads to procedural errors. If a judge dismisses your case due to a faulty notice, you will have to start over, losing months of rental income in the process. Investing in professional help is the best way to safeguard your property. You can easily find a highly qualified landlord-tenant attorney in our US Lawyer directory to handle the case efficiently and minimize your financial exposure.

Court Filing Fees by County

The first hard cost you will encounter is the court filing fee. When your lawyer files Form UD-100, California, Judicial Council, Complaint - Unlawful Detainer to officially open the lawsuit, the court clerk will charge a mandatory fee. Under Cal. Code Civ. Proc. § 85 and the California Statewide Civil Fee Schedule, this fee varies based on the amount of past-due rent demanded.

For instance, if you are filing in the Superior Court of California, County of San Diego, San Diego or the Superior Court of California, County of Orange, Santa Ana, the filing fee is $240 for claims demanding up to $10,000, $385 for demands between $10,000 and $35,000, and $435 for unlimited civil claims demanding more than $35,000. These fees strictly cover the opening of the case. If the case proceeds to a jury trial or requires formal motions, additional court fees will apply.

Process Server Costs

Once the court issues the lawsuit documents, you are legally required to serve the tenant. A landlord cannot personally hand the legal paperwork to the tenant; it must be delivered by a neutral adult over the age of 18. Because strict rules govern how and when a tenant must be served, most attorneys strongly advise hiring a registered professional process server.

A standard registered process server in California usually charges between $50 and $100 per tenant for basic service. However, if the tenant is actively dodging service, hiding behind locked gates, or refusing to answer the door, the process server may have to perform multiple stakeouts. In "hard to serve" scenarios, process serving costs can quickly climb to $200 or $300.

Sheriff Lockout Fees

Even if you win your case and secure a judgment, you cannot legally change the locks yourself. You must rely on local law enforcement to perform the physical lockout. First, you must pay the civil court to issue Form EJ-130, California, Judicial Council, Writ of Execution, which usually costs around $40.

Next, you must deliver this Writ to the local sheriff's civil division along with specific instruction forms. Agencies like the Alameda County Sheriff's Office, Oakland or the Los Angeles County Sheriff's Department, Los Angeles charge statutory fees under Cal. Gov. Code § 26733.5 to execute the writ. The statute sets a $105 fee for serving or posting the Notice to Vacate and a $75 fee for clearing the property and restoring possession, totaling $180 (with potential county mileage or administrative variations).

Attorney Fees and When the Tenant Must Pay

Attorney fees are usually the largest expense in an eviction. Many landlord attorneys offer a flat-fee structure for uncontested evictions (where the tenant does not file an Answer). This flat fee generally ranges from $800 to $1,500. However, if the tenant files a defense and the case goes to trial, lawyers will typically switch to an hourly rate of $250 to $500 per hour, drastically increasing the total cost.

A major question landlords have is whether they can force the tenant to reimburse these legal bills. Under California law (Cal. Civ. Code § 1717), you can only recover attorney fees if your written lease agreement contains a specific fee-shifting or attorney's fees clause. Without this clause explicitly written in the lease, each side must pay their own lawyer, regardless of who wins. Even if you have the clause, a judge has the ultimate discretion to determine if the legal fees demanded are reasonable, and collecting cash from a tenant who could not afford rent is often very difficult.

Cost Breakdown Summary

To help you prepare your legal budget, here is a breakdown of the typical costs associated with an eviction proceeding in California.

Frequently Asked Questions (FAQ)