How do I Respond to my Unlawful Detainer Summons?
A tenant who receives service of an Unlawful Detainer Summons must file a responsive pleading with the Court where the Unlawful Detainer Complaint was filed within either 10 court days, or 10 calendar days plus an additional 10 court days depending upon how service of the Unlawful Detainer Summons was effected on the tenant. For more information on the timeframe requirements for filing a response to service of an Unlawful Detainer Summons please refer to our article “How long do I have to respond to an Unlawful Detainer.”
The Court Clerk will accept either an Answer to Unlawful Detainer Complaint, a Motion to Quash, a Motion to Strike, or a Motion for Demurrer as the tenant’s formal responsive pleading after service of the Unlawful Detainer Summons has been effected on the tenant. All responsive pleadings require inclusion of a Proof of Service form, usually placed as the last page of the responsive pleading. The tenant’s responsive pleading must be served in person or by mail (the most common method of service) on the landlord or their legal counsel by an individual who is 18 years old or older and not a party to the case. The responsive pleading must be mailed prior to submitting the documents for filing. The person who effected the service by mailing the documents must complete and sign the Proof of Service form.
The Court will also require payment of Court Filing Fees in the amount of $225.00 per responding defendant if the landlord is seeking monetary damages of $10,000.00 or less in their Unlawful Detainer Complaint. The Court will require a Court Filing Fee of $385.00 per responding defendant. If the landlord is seeking damages between $10,000.00 and $35,000.00 the Court will require a Court Filing Fee of $370.00 per responding defendant. If the landlord is seeking over $35,000.00 in damages in their Unlawful Detainer Complaint the Court will require a Court Filing Fee of $435.00 per named defendant.*
The Court Filing Fee can be avoided by filing a Request to Waive Court Fees (Form FW-001) with the filing of the tenant’s responsive pleading. A Request to Waive Court Fees should be filed by all Defendants named on the Unlawful Detainer Complaint who would like to apply for waiver of the Court’s Filing Fees. In San Diego County and Orange County tenants should also complete and submit an Order on Court Fee Waiver (Form FW-003) with their Request to Waive Court Fees (Form FW-001) to apply for a waiver of the Court’s Filing Fees.
The Court Clerks typically do not scrutinize the validity of the information provided by the tenant on the Request to Waive Court Fees. The Court Clerks who review filing submissions typically presume that the answers to the questions that the tenant provided on the form, and any financial figures provided by the tenant are accurate. If, for some reason, there is an issue related to the information provided by the tenant on their Request to Waive Court Fees the Court Clerk will schedule a hearing to determine the tenant’s qualification for waiver of the Court Filing Fee. If the Court Clerk schedules a Hearing on the Request to Waive Court Fees the Court will send a Notice to the tenant by mail to make the tenant aware of the hearing. At this hearing the tenant may present evidence of their financial circumstances to the Court. If the Court finds that the tenant does not qualify for waiver of the Court Filing Fees the tenant may be given an opportunity to enter a payment plan to pay the Filing Fee.
It is not common for the Courts to hold a hearing to determine whether a tenant qualifies for a waiver of Court Filing Fees. The Court Clerk’s Office may believe that most tenant/ defendants to an Unlawful Detainer (eviction) lawsuit are experiencing some financial hardship, and likely qualify to waive Court Fees.
The most commonly utilized responsive pleading filed by defendants to an Unlawful Detainer Complaint is an Answer to Unlawful Detainer Complaint. An Answer to Unlawful Detainer Complaint is used to admit or deny the allegations within the Unlawful Detainer Complaint and raise affirmative defenses. A denial is a statement refuting the truth of an allegation in the Unlawful Detainer Complaint. An affirmative defense is a claim that, even if the allegations in the Unlawful Detainer Complaint are true, the landlord is not entitled to relief because the tenant acted in compliance with the law. As an example: The Unlawful Detainer Complaint may accurately contend that the tenant did not pay rent. However, the tenant’s non-payment of rent was due to the landlord’s breach of the Implied Warranty of Habitability (failure to maintain the condition of the property to meet certain health and safety standards). The tenant will be expected to produce evidence, such as photos of the property, records of communication with the landlord, witness statements, and etc. to substantiate their defense. Here, in this example, the affirmative defense raised by the tenant/defendant in their Answer to the Unlawful Detainer Complaint is Violation of the Implied Warranty of Habitability.
A tenant may prepare their Answer to the Unlawful Detainer Complaint using the Judicial Council Form UD-105 or by using pleading paper. Pleading paper is specially formatted paper usually with 28 numbered lines for drafting legal documents.
A tenant, or another party acting at the request of the tenant, may take their responsive pleading and Court Filing Fee Waiver Forms to the Courthouse to physically file the documents by handing the documents to a Court Clerk at the civil filing window. The court clerk will review the documents submitted for filing to ensure that they meet formatting and structural requirements for acceptance, stamp (conform) the documents, and then return a conformed copy of the documents to the tenant or to the person filing the documents for the tenant. A tenant may also submit the filing of their responsive pleading and Court Filing Fee Waiver Forms to the Court online through an Electronic Filing Service Provider, such as Express Network. Electronic Filing Service Providers charge a fee for their service to facilitate filing for the Court. However, many Electronic Filing Service Providers also waive their fee if the tenant qualifies for a Court Filing Fee Waiver.
If the tenant’s objective is to extend possession of their residence for the greatest length of time the tenant may consider filing a Motion for Demurrer, Motion to Strike or Motion to Quash, instead of filing an Answer to the Unlawful Detainer Complaint as their initial responsive pleading filed with the Court.
As a general principle, when a tenant files an Answer to their Unlawful Detainer Complaint at most Courthouses in California the eviction process may take approximately one month from service of the Unlawful Detainer Summons on the tenant until a trial is held. Whereas, if a tenant files a motion other than an Answer to an Unlawful Detainer Complaint as their initial responsive pleading, such as a Motion for Demurrer, Motion to Strike, or Motion to Quash the eviction process ordinarily takes approximately 2 months from when service of the Unlawful Detainer Summons is effected on the tenant until a trial takes place. These suggested timelines are estimates subject to wide variation depending on the circumstances of the case.
An Unlawful Detainer lawsuit is considered a summary proceeding, meaning that there is a much shorter period of time for the parties to file motions and pleadings on the case, and hearings or trial take place much sooner in comparison to ordinary civil actions. Because the case progresses quickly, and time is of the essence for a tenant who intends to assert their rights and/or raise defenses against the allegations of an Unlawful Detainer Complaint the Courts enforce strict compliance with the California Code of Civil Procedure as it relates to service of the Unlawful Detainer Summons. If the Unlawful Detainer was served in a manner contrary to the California Code of Civil Procedure or in violation of the California Civil Code the tenant may file a Motion to Quash as their initial response to service of the Unlawful Detainer Summons. To file a Motion to Quash the tenant must first contact the court to reserve a hearing date for the Motion. A Hearing on a Motion to Quash may be held no sooner than 3 days and no later than 7 days after the date that the Motion is filed. CCP § 418.10, § 1167.4. The tenant may submit their Motion to Quash (and Court Filing Fee Waiver Forms) for filing after reserving a hearing on the Motion. A Motion to Quash must consist of a notice of motion, memorandum of points and authorities, and a declaration supporting the claim of improper service for acceptance by the Court Clerk. If the tenant prevails at the Hearing on the Motion to Quash service of the Unlawful Detainer Summons is voided and the landlord must properly serve the Unlawful Detainer Summons on the tenant. Occasionally, when a tenant wins their hearing on a Motion to Quash the landlord will then attempt to have the Unlawful Detainer served on the tenant again outside of the Courthouse after the hearing.
If the Motion to Quash is overruled the tenant will be ordered by the Court to file an Answer to the Unlawful Detainer Complaint within 5 days from the date of the hearing.
A Motion to Strike is a formal challenge to certain aspects of the Unlawful Detainer Complaint that are not legally permissible to include in the Complaint. Such as an excessive demand for legal fees. The tenant must contact the court to reserve a Hearing on the Motion for Strike prior to filing the Motion. The Hearing on the Motion to Strike will take place 5 to 7 days from the date that the Motion is filed. AB 2347
A Motion to Strike must include a Notice of Motion and Motion to Strike, a Memorandum of Points and Authorities, A Declaration in Support of Motion to Strike, and Proof of Service.
If the Motion to Strike is sustained the Court will order that the landlord amend the Unlawful Detainer Complaint and serve the Amended Complaint on the tenant. If the Motion to Strike is overruled at the hearing the Court will order that the tenant file an Answer to the Unlawful Detainer Complaint within 5 days of the hearing.
A Motion for Demurrer challenges the sufficiency of the Unlawful Detainer Complaint by alleging that there are defective elements of the Complaint, rather than address any of the allegations raised against the tenant. For example: If the Three Day Notice included in the exhibits of the Unlawful Detainer Complaint demands an incorrect amount of rent the tenant may file a Motion for Demurrer arguing that the Complaint is defective because it is predicated on a defective notice. To file a Motion for Demurrer the tenant must first contact the Court to reserve the Hearing on the Motion for Demurrer. The hearing will be scheduled to take place within 7 days of the date that the tenant files their Motion for Demurrer. The filing of the Motion must include the Motion for Demurrer to the Complaint, Notice of Hearing on Demurrer, Memorandum of Points and Authorities, and a Proof of Service Form.
If the Motion for Demurrer is sustained the Court will Order the landlord to amend and serve the tenant with an Amended Unlawful Detainer Complaint. If the Motion for Demurrer is overruled the Court will order that the tenant file an Answer to the Unlawful Detainer Complaint within 5 days from the date of the hearing.
*Unlawful Detainer Court Filing Fee costs as of March 9, 2026. Court Filing Fees may be subject to change.