Santa Clara County Eviction Court — Landlord Filing Guide (2025)
Everything California landlords need to file a Unlawful Detainer in Santa Clara County — fees, courthouse info, timeline, and step-by-step process.
🏛️ Santa Clara County Courthouse Information
- Courthouse: Santa Clara County Superior Court
- Address: 191 N. First St., San Jose, CA 95113
- Phone: (408) 882-2100
- Hours: Mon–Fri, 8:00 AM – 4:00 PM
- Case type: Unlawful Detainer
- Online filing: https://efiling.sccsuperiorcourt.org
⚠️ Santa Clara County — What Landlords Should Know
San Jose has its own Tenant Protection Ordinance (TPO) providing Just Cause eviction protections and enhanced notice requirements beyond state law.
Need an Eviction Attorney in Santa Clara County?
Procedural mistakes can get your case dismissed. Get matched with a local Santa Clara County eviction attorney — free consultation.
Step-by-Step: How to File an Eviction in Santa Clara County
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.
File Your Unlawful Detainer at Santa Clara County Superior Court
After the notice period expires without compliance, file your eviction complaint at the Santa Clara County Superior Court (191 N. First St., San Jose, CA 95113). The filing fee is $385. Bring: your lease agreement, the notice, and proof of service. Online filing is also available at https://efiling.sccsuperiorcourt.org.
Serve the Summons on the Tenant
After filing, the court issues a summons. In Santa Clara 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.
Attend the Court Hearing
Hearings in Santa Clara 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.
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.
Santa Clara County Eviction Filing Cost Breakdown
| Cost | Amount | Notes |
|---|---|---|
| Court Filing Fee | $385 | Paid to Santa Clara 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 — Santa Clara County Evictions
How long does an eviction take in Santa Clara County?
The typical Santa Clara 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. Santa Clara County has stronger tenant protections that can extend the timeline.
How much does it cost to file an eviction in Santa Clara County?
The court filing fee in Santa Clara 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 Santa Clara County?
Evictions in Santa Clara County are filed at the Santa Clara County Superior Court, located at 191 N. First St., San Jose, CA 95113. The case type is filed as a Unlawful Detainer.
Can I file an eviction online in Santa Clara County?
Yes, Santa Clara County accepts electronic filing for eviction cases through https://efiling.sccsuperiorcourt.org. 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 Santa Clara County?
California law allows landlords to represent themselves in eviction court. However, Santa Clara 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 Santa Clara County?
After a judgment in your favor, request a Writ of Possession from the court. The Santa Clara 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 Santa Clara County? See their rights.
Tenant Rights in Santa Clara County →Relevant California Statutes
- Primary eviction statute: Cal. CCP § 1161
- This guide is for informational purposes only. Laws change — verify with current California statutes or a licensed Santa Clara County attorney.