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Californiaยท Answer

Can a California eviction proceed during winter or holidays?

Short answer

Generally yes, but with practical limitations. California does not have a statutory winter eviction ban (unlike some European jurisdictions). The notice period (3 days for pay-or-quit under CCP 1161(2), 30 days for no-fault termination (60 for tenancies over 1 year) under AB 1482) and court calendar continue regardless of season. However, in practice: courts close on federal and state holidays, sheriff's offices reduce service hours during the last two weeks of December, and some California judges exercise discretion to delay sheriff lockouts in extreme weather. A landlord should NOT count on holiday delays preventing eviction; serve the notice on the same timeline as any other month. If the tenant has a habitability counter-claim involving heat, holiday-season cases get more sympathetic treatment from juries and judges. Plan filings to avoid the December 20 to January 5 window if discretion is anticipated.

Source: California unlawful detainer procedure


Honest limits

This is an informational answer based on California unlawful detainer procedure as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a California-licensed attorney.

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