What Happens After a 3-Day Notice Expires?

When the three days run out, you are not automatically evicted. If the landlord wants to obtain possession of the property, the landlord's next step is to file an unlawful detainer (eviction) lawsuit in the Superior Court.

You'd then be served with a Summons and Complaint, and you generally have 10 court days (weekends and court holidays don't count) to file a written response to the complaint. The case proceeds from there; only if the landlord wins a judgment for possession can the court issue a writ of possession, and only the sheriff can carry out a lockout. So an expired 3-day notice is the start of a legal process — one that takes weeks, sometimes months — not the end of your tenancy, and a notice with defects can still be challenged along the way.

A Few Things Worth Knowing

• An expired notice does not equal an eviction; the landlord must still sue and win.
• If you're served with court documents, you generally have 10 court days to respond in writing.
• Defects in the notice or its service can still be raised as a defense.