Commercial evictions still run through a fast-track unlawful detainer lawsuit. Recent laws gave tenants more time to answer, gave small tenants longer notices and then curbed delay tactics. Here is the process step by step, with the Kern County specifics.
A California commercial eviction is an unlawful detainer lawsuit filed after the landlord serves the right written notice, most often a 3-day notice to pay rent or quit under Code of Civil Procedure (CCP) 1161. Since Jan. 1, 2025, tenants have 10 court days to answer (AB 2347), and small qualified tenants get longer notices (SB 1103). Since Jan. 1, 2026, AB 1384 caps demurrer delays. Lockouts remain risky.
Commercial evictions at a glance
| Topic | Rule |
|---|---|
| Core statutes | Code of Civil Procedure 1159 to 1179a (unlawful detainer); Civil Code 1946, 1950.7, 1951.2, 1951.4, 1951.35 and 1993 and following |
| Most common notice | 3-day notice to pay rent or quit (CCP 1161(2)), counting only court days |
| Estimated rent | Allowed for commercial notices; presumed reasonable within 20% of the amount found due (CCP 1161.1) |
| Answer period | 10 court days after service, plus 5 if served by mail (AB 2347, Ch. 512, Stats. 2024, effective Jan. 1, 2025) |
| Demurrer timing | Hearing 5 to 7 court days after filing; commercial continuance capped at 10 more court days (AB 1384, Ch. 299, Stats. 2025, effective Jan. 1, 2026) |
| Small tenants | SB 1103 qualified commercial tenants get 60 days’ termination notice on periodic tenancies after one year |
| Final step in Kern | Kern County Sheriff Civil Section serves a notice to vacate; occupants have 5 days, then the deputy restores possession |
| Status | All three laws (AB 2347, SB 1103 and AB 1384) are in force |
Key takeaways
- A commercial 3-day notice to pay rent or quit under CCP 1161(2) excludes Saturdays, Sundays and judicial holidays. Under CCP 1161.1, an estimated rent figure is presumed reasonable if it is within 20% of the amount a court finds due.
- AB 2347 (Chapter 512, Statutes of 2024) doubled the unlawful detainer answer period from 5 to 10 court days for all tenancies, commercial included, starting Jan. 1, 2025.
- AB 1384 (Chapter 299, Statutes of 2025, chaptered Oct. 3, 2025) took effect Jan. 1, 2026. It limits a good-cause continuance of a demurrer hearing in a commercial case to 10 court days after the first hearing date.
- California’s residential lockout penalty statute, Civil Code 789.3, covers only property used as a residence. The forcible entry statute (CCP 1159) applies to any real property, so commercial landlords should recover possession through the courts or the Civil Code 1951.35 abandonment notice.
How does a California commercial eviction work?
The landlord serves a written notice, waits for it to expire, files a complaint in superior court, serves the summons and, if it wins, obtains a writ of possession that the sheriff enforces. The case is an unlawful detainer, a summary court proceeding limited mostly to the right to possession and the rent owed.
The state’s court self-help eviction guide says plainly that it is not for commercial evictions, such as businesses or stores, according to the Judicial Council of California. Commercial cases have their own notice rules, no residential just-cause or rent-cap overlay and higher stakes.
What notice does a commercial landlord have to serve?
The notice must match the ground for eviction. A defective notice, such as one that misstates the rent or the cure period, can sink the case and force the landlord to start over.
| Situation | Notice | Statute | Key detail |
|---|---|---|---|
| Unpaid rent | 3-day notice to pay rent or quit | CCP 1161(2) | Excludes weekends and judicial holidays; states amount due and the name, phone and address of the person to pay |
| Rent not readily known (percentage rent, CAM) | 3-day notice with estimated amount | CCP 1161.1 | Estimate presumed reasonable within 20% of the amount found due; tenant may tender its own reasonable estimate |
| Curable lease breach | 3-day notice to perform covenant or quit | CCP 1161(3) | Tenant can cure within 3 court days |
| Unauthorized sublet, waste, nuisance or unlawful use | 3-day notice to quit | CCP 1161(4) | No cure right |
| Month-to-month tenancy | 30-day notice | Civil Code 1946 | Parties may agree at the outset to as little as 7 days |
| Month-to-month, SB 1103 qualified tenant | 60-day notice (30 if occupied under a year) | Civil Code 1946.1 | Tenant must have given its qualified-tenant notice |
| Holdover after lease expires | Suit under CCP 1161(1) | CCP 1161(1); Civil Code 1945 | Accepting rent after expiration can create a month-to-month tenancy |
For commercial property, CCP 1162(b) allows three ways to serve the notice:
- Personal delivery.
- Leaving a copy with a person of suitable age and discretion at the property and mailing a copy.
- If no one suitable can be found, posting the notice conspicuously and mailing it to the property address.
Accepting partial rent after a 3-day notice does not have to restart the process. Under CCP 1161.1(b) and (c), a landlord may accept a partial payment and sue for the balance, or amend a pending complaint. After filing, though, the landlord must give actual notice that acceptance does not waive its rights.
What changed for commercial evictions in 2025 and 2026?
Three laws changed the playbook. Two took effect Jan. 1, 2025, and a third, aimed squarely at commercial cases, took effect Jan. 1, 2026.
| Law | Before | After | Effective |
|---|---|---|---|
| AB 2347 (Ch. 512, Stats. 2024) | 5 days to respond, excluding weekends and holidays | 10 court days to respond (CCP 1167), plus 5 if served by mail; demurrer or motion to strike heard 5 to 7 court days after filing (CCP 1170) | Jan. 1, 2025 |
| SB 1103 (Ch. 1015, Stats. 2024) | 30-day notice to end any month-to-month commercial tenancy | 60 days for qualified commercial tenants occupying a year or more; affirmative defense for operating costs billed in violation of Civil Code 1950.9 | Jan. 1, 2025 |
| AB 1384 (Ch. 299, Stats. 2025) | Courts could continue demurrer hearings for good cause without a fixed limit | In commercial cases, a good-cause continuance may not exceed 10 court days after the first hearing date; parties may still stipulate | Jan. 1, 2026 |
Law firm Ballard Spahr’s December 2024 alert confirms that AB 2347 moved the answer deadline from five days to 10 days, excluding Saturdays, Sundays and judicial holidays. Its December 2025 alert explains that, under AB 1384, a commercial demurrer hearing must now fall between 15 and 17 court days after the motion is filed if a court grants a continuance.
The current text of CCP 1170 reflects the change. A court may extend the hearing for good cause, “not to exceed 10 court days after the first date set for the hearing on the motion,” in a commercial tenancy. Residential cases keep an open-ended good-cause standard. For SB 1103’s tenant definitions, see our SB 1103 guide.
How long does a commercial eviction take?
An uncontested nonpayment case takes at least roughly six to seven weeks from notice to the sheriff’s removal, and contested cases take longer. Statutes set minimums, not guarantees, and court calendars and service problems add time.
| Step | Minimum time | Source |
|---|---|---|
| 3-day notice to pay or quit | 3 court days | CCP 1161(2) |
| Answer after service of summons | 10 court days (15 if served by mail) | CCP 1167 |
| Demurrer or motion to strike hearing, if filed | 5 to 7 court days after filing; up to 10 more in commercial cases | CCP 1170 |
| Trial after a request to set | Within 20 days, unless extended | CCP 1170.5 |
| Sheriff’s notice to vacate | 5 days after service before removal | CCP 715.020 |
If trial is delayed past the 20-day window, CCP 1170.5(c) lets the court order the tenant to pay the expected damages into court as rent would have come due. That protects landlords from long delays.
Can a commercial landlord change the locks in California?
Not safely. Civil Code 789.3, which sets penalties of up to $100 a day for lockouts and utility shutoffs, applies only to property a tenant uses as a residence. The forcible entry statute, CCP 1159, applies to any real property and protects any person who hires it.
In Jordan v. Talbot (1961) 55 Cal.2d 597, the California Supreme Court held that unless the tenant voluntarily surrenders the premises, a landlord can retake them only through the courts and not through self-help, as the law firm Kimball, Tirey & St. John summarizes. Many commercial leases contain re-entry clauses, but relying on one without court process exposes the landlord to a forcible entry claim. Case law on commercial lockouts is nuanced.
The lawful shortcut when a tenant disappears is Civil Code 1951.35. Two conditions apply:
- Rent has been unpaid at least as long as the lease requires to declare a default, and never less than three days.
- The landlord reasonably believes the tenant has left.
The landlord may then serve a notice of belief of abandonment. The lease ends on the date stated, at least 15 days after personal service, overnight courier or mailing, unless the tenant responds in writing that it has not abandoned and gives an address for service.
What happens to the tenant’s property and the security deposit?
Property left behind is handled under Civil Code 1993 and following, and the deposit under Civil Code 1950.7. Both have fixed timelines that landlords should calendar.
Under Civil Code 1993.03, the landlord sends a notice describing the property and giving a claim date at least 15 days after personal delivery or 18 days after mailing. Under Civil Code 1993.07, if unclaimed property is worth less than the greater of $2,500 or one month’s rent, the landlord may keep or dispose of it. Above that threshold it must be sold at a published public sale, and net proceeds go to the county treasury within 30 days.
Commercial deposits follow Civil Code 1950.7. The landlord may keep only amounts reasonably necessary for rent defaults, tenant-caused damage and cleaning, and generally returns the balance within 30 days after regaining possession. Earlier deadlines can apply in some cases. Bad-faith retention can add up to $200 in damages on top of actual damages.
What can a landlord recover after evicting a commercial tenant?
Eviction ends possession, not the lease debt. Under Civil Code 1951.2, a landlord may recover three things:
- Unpaid rent earned before termination.
- Rent lost through the award date.
- Future rent for the rest of the term.
Each is reduced by the rental loss the tenant proves could reasonably have been avoided. Future rent is discounted at the Federal Reserve Bank of San Francisco discount rate plus 1%.
Alternatively, if the lease includes the remedy and allows reasonable assignment or subletting, Civil Code 1951.4 lets the landlord keep the lease in effect and sue for rent as it comes due. Guarantors, deposits and letters of credit are the practical sources of recovery when the tenant entity has little left; see our guide to personal guarantees, deposits and letters of credit. When a tenant wants out instead, our sublease vs. assignment guide covers the alternative.
How do commercial evictions work in Kern County?
Unlawful detainer cases are filed in Kern County Superior Court. After judgment, the writ of possession goes to the Kern County Sheriff’s Civil Section at 34970 McMurtrey Ave. in Bakersfield, which lists eviction among the processes its Field Enforcement Unit serves.
The Sheriff’s eviction requirements call for an original writ of possession plus three copies, signed instructions (signed by the attorney of record if the landlord has counsel), a completed threat assessment form and the fees on the current schedule. The deputy serves or posts the notice to vacate, and the landlord’s agent must meet the deputy at the property with a locksmith or a key. If the deputy cannot get in, the restoration is not completed.
Market conditions affect damages. A regional brokerage’s Q2 2026 Bakersfield industrial report shows 9.55% vacancy and an average NNN asking rate of $10.05 per square foot. The report states no period, so we treat it as annual, about $0.84 per square foot per month. With roughly one in 10 industrial square feet vacant, reletting can take months. That raises the stakes of the Civil Code 1951.2 mitigation analysis and of a solid guaranty.
What are the alternatives to evicting a commercial tenant?
An eviction is slow and costly, and the judgment may be uncollectible. Before filing, consider whether a negotiated outcome recovers more:
- Payment plan or rent deferral documented in a lease amendment, with a default trigger and an acknowledgment of the amount owed.
- Partial payment under CCP 1161.1, with written notice that acceptance does not waive the landlord’s rights.
- Surrender agreement: The tenant returns the keys by a date in exchange for a release or reduced claim, avoiding court and the abandonment process.
- Assignment or sublease to a qualified replacement tenant.
- Demand on the guarantor or a draw on the letter of credit or deposit, as the lease allows.
| Commercial eviction checklist for Kern landlords |
|---|
| Read the lease default, notice and re-entry clauses, and confirm whether the tenant gave an SB 1103 qualified-tenant notice. |
| Calculate rent precisely; label any CAM or percentage rent as an estimate under CCP 1161.1. |
| Count court days, not calendar days, and serve under CCP 1162(b) with a proof of service. |
| Do not change locks or shut off utilities on occupied space. |
| Expect a 10-court-day answer window and a demurrer hearing within 5 to 7 court days (with commercial continuances capped). |
| Take the writ to the Kern County Sheriff Civil Section with three copies, signed instructions, the threat assessment form and fees. |
| Inventory property left behind and follow the Civil Code 1993.03 notice timeline. |
| Account for the deposit within 30 days and document mitigation efforts for any Civil Code 1951.2 claim. |
What might damages look like after a Bakersfield warehouse default?
In this hypothetical, the landlord’s net claim comes to about $83,600 before discounting. Assume a 10,000 square foot Bakersfield warehouse leased at $8,400 a month NNN (about $10 per square foot per year) with 30 months left. The tenant stops paying, the landlord serves a 3-day notice and possession is recovered two months later. At trial four months after termination the space is still vacant, and the landlord expects to relet in four more months at $8,000 a month. All figures are hypothetical and undiscounted.
The tenant could reduce the award by proving the landlord could reasonably have relet sooner or at a higher rent, which is why marketing records matter.
| Civil Code 1951.2 component | Calculation | Amount |
|---|---|---|
| Unpaid rent earned before termination | 2 months x $8,400 | $16,800 |
| Rent lost from termination to award | 4 months x $8,400 | $33,600 |
| Future rent after award, less expected reletting | (24 x $8,400) minus (20 x $8,000) | $41,600 |
| Less security deposit applied | One month’s rent | ($8,400) |
| Net claim before discounting, interest and other costs | $83,600 |
Frequently asked questions
How long does a commercial eviction take in California?
An uncontested nonpayment case needs at least about six to seven weeks. That adds 3 court days on the notice, 10 court days to answer, a trial within 20 days of a request and 5 days on the sheriff’s notice to vacate. Service, writ processing and court calendars add time, and since Jan. 1, 2026 a good-cause demurrer continuance in a commercial case is capped at 10 court days.
How many days does a commercial tenant have to respond to an eviction lawsuit?
Ten court days after service, meaning Saturdays, Sundays and judicial holidays do not count. Code of Civil Procedure 1167, as amended by AB 2347, set that period starting Jan. 1, 2025. Service by mail adds five more court days. The old period was five days, and the new one covers commercial and residential cases alike.
Can a commercial landlord lock out a tenant in California?
It is risky and generally inadvisable. Civil Code 789.3 penalties reach only residences, but the forcible entry statute, CCP 1159, covers any real property. Under Jordan v. Talbot, a landlord needs court process to retake space unless the tenant voluntarily surrenders it. The safer routes are an unlawful detainer or, for a tenant who has left, the Civil Code 1951.35 abandonment notice.
Does a commercial landlord have to give 30 or 60 days’ notice to end a month-to-month tenancy?
Usually 30 days under Civil Code 1946, and the parties can agree at the start to as little as seven. An SB 1103 qualified commercial tenant that has given the required notice and self-attestation gets 60 days under Civil Code 1946.1, or 30 days if it has occupied the space under a year.
Can a commercial landlord estimate the rent in a 3-day notice?
Yes, when the rent is not readily ascertainable, such as percentage rent or operating costs. CCP 1161.1 presumes the estimate reasonable if it falls within 20% of what the court finds due. A tenant can still avoid eviction by tendering its own reasonable estimate within the notice period.
What happens to a commercial tenant’s belongings after an eviction?
The landlord sends a Civil Code 1993.03 notice describing the property, with a claim date at least 15 days after personal delivery or 18 days after mailing. Property worth less than the greater of $2,500 or one month’s rent may be kept or disposed of. Anything worth more must go to a published public sale.
How soon must a commercial landlord return a security deposit?
Civil Code 1950.7 lets a commercial landlord keep only what is reasonably necessary for rent defaults, tenant-caused damage and cleaning. The balance generally goes back within 30 days after the landlord regains possession, and earlier deadlines can apply to some excess amounts. Bad-faith retention can add up to $200 in damages plus actual damages.
If a tenant default is turning into a vacancy at your Kern County building, we can help you size up reletting options and market rent while your attorney handles the case. Call Kern CRE at 661-885-6949 or contact us. Get Kern County CRE news monthly: subscribe to the Kern CRE report.
Sources
- Code of Civil Procedure Section 1161, California Public Law.
- Code of Civil Procedure Section 1161.1, California Public Law.
- Code of Civil Procedure Section 1162, California Public Law.
- Code of Civil Procedure Section 1167, California Public Law.
- Code of Civil Procedure Section 1170, California Public Law.
- Code of Civil Procedure Section 1170.5, California Public Law.
- Code of Civil Procedure Section 715.020, California Public Law.
- Code of Civil Procedure Section 1159, California Public Law.
- Civil Code Section 789.3, California Public Law.
- Civil Code Section 1946, California Public Law.
- Civil Code Section 1950.7, California Public Law.
- Civil Code Section 1951.2, California Public Law.
- Civil Code Section 1951.35, California Public Law.
- Civil Code Section 1951.4, California Public Law.
- Civil Code Section 1993.03, California Public Law.
- Civil Code Section 1993.07, California Public Law.
- AB 2347 (2023-2024 session), CalMatters Digital Democracy.
- AB 1384 (2025-2026 session), CalMatters Digital Democracy.
- California SB 1103, Chapter 1015, Statutes of 2024, LegiScan (chaptered text), Sept. 30, 2024.
- Two New Laws Affect California Commercial Landlords, Ballard Spahr, Dec. 20, 2024.
- New California Law Eliminates Pre-Trial Delays in Commercial Eviction Cases, Ballard Spahr, Dec. 30, 2025.
- When in Doubt, Stay Out! (Self-Help Evictions), Kimball, Tirey & St. John LLP.
- Eviction Information, Kern County Sheriff’s Office.
- Civil Section, Kern County Sheriff’s Office.
- Eviction cases in California (self-help guide), Judicial Council of California.
- Q2 2026 Bakersfield, CA Industrial Market Report, Lee & Associates, July 2026.
About this article
Kern CRE prepared this article with help from AI research and writing tools. An editor reviewed the draft, checked its facts against the sources linked above and edited it for accuracy and clarity. It is general information about California law, not legal, tax, investment or financial advice; talk with a qualified professional about your situation. Eviction procedure is technical, so consult a California attorney before serving a notice, re-entering premises or filing an unlawful detainer.