Answers to the questions California tenants ask most often after receiving an eviction notice or being served with an unlawful detainer summons. Tenant Eviction Defense is a nonprofit serving tenants in Orange, Los Angeles, Riverside, San Bernardino, and San Diego Counties.
Notices & Summons
I received a Notice of Unlawful Detainer (Eviction) in the mail from the court. What does it mean?
It means your landlord has filed an unlawful detainer lawsuit to evict you, and the court clerk has mailed you notice of the filing. The mailed notice is not the same as being served. Your deadline to respond begins when you are served with the summons and complaint, so watch for those papers and seek assistance right away rather than waiting.
What is an unlawful detainer summons?
An unlawful detainer summons (Judicial Council form SUM-130) is the court document that officially notifies you that you are being sued for possession of your home. It identifies the court, the case number, and your deadline to file a written response. It is served together with the landlord's complaint.
What is a 3-day notice to pay rent or quit in California?
It is a written notice a landlord must give before filing an eviction for unpaid rent. It gives the tenant three days, not counting weekends and court holidays, to pay the rent owed or move out. The notice must state the amount due and the name, address, and phone number of the person to whom payment should be made. A defective notice can be a defense in the eviction case.
Responding to the Lawsuit
How do I respond to an unlawful detainer?
Tenants have 10 court days, excluding weekends and court holidays, to file a response after being served with the summons and complaint, counting from the day after service. The deadline can be longer depending on how you were served. The most common response is an Answer, but a tenant may instead file a demurrer, motion to strike, or motion to quash when appropriate. If no response is filed in time, the landlord can request a default judgment.
How do I answer an unlawful detainer in California?
Most tenants use the Judicial Council form Answer—Unlawful Detainer (UD-105), which lets you deny the landlord's allegations and check applicable affirmative defenses. The completed Answer must be filed with the court listed on the summons, and a copy must be served on the landlord or the landlord's attorney.
What is a motion to quash in an unlawful detainer case?
A motion to quash challenges whether the summons was properly served. If the court grants it, the landlord must serve the tenant correctly before the case can proceed. It must be filed within the same response deadline as an Answer.
What is a demurrer in an unlawful detainer case?
A demurrer argues that the landlord's complaint is legally insufficient even if its facts are assumed true, for example because the eviction notice was defective. Under current law, a demurrer in an unlawful detainer case must generally be heard within five to seven court days after it is filed.
Timeline
How long does an unlawful detainer take in California?
Timelines vary by county and by how the case is contested. After a tenant files an Answer, either party may request trial, which is generally set within 20 days of the request. If the landlord wins, the sheriff posts a notice to vacate before the lockout. Contested cases commonly take several weeks to a few months.
Stopping or Fighting an Eviction
How can I stop an eviction in California?
A landlord cannot lawfully remove a tenant without first winning a court judgment, and only the sheriff can carry out a lockout. The most important step is filing a timely response so the case is decided on its merits rather than by default. Defenses may include a defective notice, improper service, retaliation, discrimination, habitability problems, or violations of just-cause or local tenant protections.
How do tenants fight an eviction in California?
Tenants contest an eviction by filing a response on time, raising all applicable defenses, gathering documents such as the lease, notices, payment records, photographs, and communications, and appearing at every hearing and at trial. Many cases also resolve through negotiated agreements with the landlord.
Getting Help
Where can tenants in Southern California get eviction help?
Tenant Eviction Defense is a California nonprofit that provides tenants throughout Orange, Los Angeles, Riverside, San Bernardino, and San Diego Counties with legal resources, eviction defense guidance, and procedural support. Tenants who have received a notice or been served should contact us at (657) 510-6534 as soon as possible, since response deadlines are short.
Served With an Unlawful Detainer?
Response deadlines are short. Speak with our team today about your eviction case.
Call (657) 510-6534 Monday–Friday, 8:30 a.m.–6:00 p.m.The information on this page is general information about California eviction procedure and is not legal advice. Laws and court procedures change, and every case depends on its own facts. See our Important Information & Legal Disclaimer.