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Monterey County Eviction Court — Landlord Filing Guide (2025)

Everything California landlords need to file a Unlawful Detainer in Monterey County — fees, courthouse info, timeline, and step-by-step process.

$385
Filing fee
3–5 weeks
Hearing wait
5–9 weeks
Total process
E-File ✓
Filing method

🏛️ Monterey County Courthouse Information

⚠️ Monterey County — What Landlords Should Know

Monterey County follows California statewide rules. File at the courthouse district nearest the property.

Need an Eviction Attorney in Monterey County?

Procedural mistakes can get your case dismissed. Get matched with a local Monterey County eviction attorney — free consultation.

Step-by-Step: How to File an Eviction in Monterey County

1

Serve the Required Notice

Before filing, you must serve a written notice. For non-payment of rent, a 3-day Pay or Quit notice is required. For lease violations, serve a 3-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per California law.

2

File Your Unlawful Detainer at Monterey County Superior Court

After the notice period expires without compliance, file your eviction complaint at the Monterey County Superior Court (1200 Aguajito Rd., Monterey, CA 93940). The filing fee is $385. Bring: your lease agreement, the notice, and proof of service. Online filing is also available.

3

Serve the Summons on the Tenant

After filing, the court issues a summons. In Monterey County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $35. You must NOT serve the summons yourself — improper service can get your case dismissed.

4

Attend the Court Hearing

Hearings in Monterey County are typically scheduled 3–5 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.

5

Obtain and Enforce the Writ of Possession

After a judgment in your favor, request a Writ of Possession from the clerk. The California Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in California.

Monterey County Eviction Filing Cost Breakdown

Cost Amount Notes
Court Filing Fee $385 Paid to Monterey County Clerk of Court
Summons Service $35 Sheriff or process server fee
Writ of Possession ~$30–$35 Sheriff enforcement after judgment
Attorney (optional) $750–$3000 Strongly recommended — strong tenant protections

Frequently Asked Questions — Monterey County Evictions

How long does an eviction take in Monterey County?

The typical Monterey County eviction takes 5–9 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. Monterey County has stronger tenant protections that can extend the timeline.

How much does it cost to file an eviction in Monterey County?

The court filing fee in Monterey County is $385. Additional costs typically include: process service or sheriff fee ($35), Writ of Possession enforcement (~$30–$35), and attorney fees if represented ($750–$3000). Total out-of-pocket without an attorney is typically $450–$455.

What court handles evictions in Monterey County?

Evictions in Monterey County are filed at the Monterey County Superior Court, located at 1200 Aguajito Rd., Monterey, CA 93940. The case type is filed as a Unlawful Detainer.

Can I file an eviction online in Monterey County?

Yes, Monterey County accepts electronic filing for eviction cases. You can file the complaint and pay fees online, though in-person service of process is still typically required.

Do I need a lawyer to evict a tenant in Monterey County?

California law allows landlords to represent themselves in eviction court. However, Monterey County has strong tenant protections, making procedural errors costly — an attorney is strongly recommended.

What happens if the tenant doesn't leave after the eviction judgment in Monterey County?

After a judgment in your favor, request a Writ of Possession from the court. The Monterey County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in California.

See full California eviction laws and notice requirements.

California Eviction Guide for Landlords →

Download the eviction notice you must serve before filing in California.

California Eviction Notice Templates →

Is your tenant facing eviction in Monterey County? See their rights.

Tenant Rights in Monterey County →

Relevant California Statutes