What Happens After a 3-Day Notice Expires in Fontana? - 951 Evictions

Quick answer: When a 3-day notice expires in Fontana with no payment and no move-out, the landlord’s next step is filing an unlawful detainer lawsuit with San Bernardino County Superior Court — filing fees run $255 to $435 under the schedule effective January 1, 2026. The tenant then has 10 court days to respond; most cases that follow end in a default judgment and a sheriff lockout.

The Moment the Notice Expires

First, confirm it actually expired: the 3 days are court days, so weekends and judicial holidays don’t count, and the day of service doesn’t either. Once the third full court day passes without full payment, the tenant is officially “holding over,” and two things become true at once. You gain the right to sue for possession — and you still have no right to act outside court. Changing the locks, shutting off utilities, or hauling belongings to the curb is illegal self-help under Civil Code 789.3, exposing you to actual damages plus $100 per day with a $250 minimum. An expired notice is a key that opens exactly one door: the courthouse.

Filing the Unlawful Detainer in San Bernardino County

Fontana sits in San Bernardino County, so the complaint is filed with San Bernardino County Superior Court. Under the fee schedule effective January 1, 2026, the UD filing fee runs from $255 for demands of $10,000 or less up to $435 for unlimited cases — most residential nonpayment complaints land in the lower tier, since a 3-day notice can only demand rent from the past 12 months. Fee schedules change periodically, so verify the current amounts at sb-court.org when you file. The complaint attaches the expired notice and its proof of service, which is why a clean notice matters: it is now Exhibit A.

Fontana’s Courthouse Handles the West Valley

San Bernardino County consolidates landlord-tenant filings, with limited unlawful detainer filings going through designated locations in San Bernardino, Fontana, Barstow, and Joshua Tree. For Fontana landlords, the natural venue is right in town: the Fontana Courthouse at 17780 Arrow Blvd, Fontana 92335 handles much of the west valley’s landlord-tenant work, covering Fontana, Rialto, Bloomington, Colton, and nearby communities. Confirm the current venue for your property at sb-court.org before filing — the county’s consolidation rules are exactly the kind of local detail that changes. 951 Evictions’ Fontana eviction service files at these designated locations routinely and keeps current on where each city’s cases belong.

Service, the Response Window, and the Default Path

After filing, the summons and complaint must be formally served on each adult defendant — a process server typically runs roughly $100 per defendant, varying with the attempts needed. From there the sequence is rigid:

1. The tenant gets 10 court days to respond under AB 2347, plus 5 additional court days if service was by mail or a substituted method.
2. No response? You request entry of default and a default judgment. Historically, roughly 40% of California tenants have lost their eviction cases exactly this way — by never answering.
3. A response? The case heads to a fast trial, set within about 20 days of the request to set, because unlawful detainers are summary proceedings.
4. Judgment for the landlord produces a writ of possession directed to the sheriff.

The default path is the most common ending and the reason an uncontested eviction runs only about 5 to 9 weeks notice-to-lockout as of late 2026, versus roughly 3 to 6 months when contested.

The Sheriff Finishes It

With the writ in hand, the San Bernardino County sheriff’s civil division takes over. The sheriff serves or posts a 5-day Notice to Vacate at the Fontana property, then performs the lockout at the scheduled time — only the sheriff may do this, for a fee of about $145 (confirm with the civil division). If the tenant leaves belongings behind, you must store them and serve a written Notice of Right to Reclaim; the tenant has 15 days to claim them (18 if mailed), after which items worth under $700 in total may be kept or disposed of, while higher-value property goes to public auction.

Frequently Asked Questions

Can the tenant still pay rent after the 3-day notice expires?

They can offer, but you are no longer required to accept. Once the notice expires, the right to file the unlawful detainer is fixed, and full payment no longer automatically cures the default. Accepting rent at this stage can complicate or undercut the case, so make that choice deliberately and document it.

What if I can’t locate the tenant to serve the lawsuit?

Service doesn’t require the tenant’s cooperation. When personal service fails after diligent attempts, substituted service and service by mail are available — though substituted service is not complete until the 10th day after mailing, and the tenant’s 10 court days start then. A professional process server documents each attempt, which the court will want to see before the case proceeds.

How long from expired notice to lockout in Fontana?

If the tenant never responds, the remaining steps — filing, service, the 10-court-day window, default judgment, writ, and the sheriff’s 5-day notice — fit within the typical 5-to-9-week notice-to-lockout timeline, as of late 2026. A contested case stretches the total to roughly 3 to 6 months, depending on motions and trial setting.

What happens if the tenant responds to the complaint?

The case becomes a contested unlawful detainer and moves to trial, set within about 20 days of the request to set. If the tenant files a demurrer or motion to strike, the hearing comes within 5 to 7 court days. You will need evidence: the notice, proof of service, the ledger, and the lease.

Expired Notice? Don’t Lose Momentum

951 Evictions takes Fontana landlords from expired notice to sheriff lockout — handling the San Bernardino County filing, service, default paperwork, and writ start to finish across Riverside and San Bernardino counties. Contact 951 Evictions for a flat-fee quote the same week your notice runs out.

This article is general information for California landlords, not legal advice. For advice on a specific situation, consult a California landlord-tenant attorney.