How to Fight an Eviction in San Bernardino County Tenant Rights After an Unlawful Detainer Summons
If you are a tenant living in San Bernardino County and you have received an Unlawful Detainer Summons you must act immediately. San Bernardino County is the largest county by land area in the contiguous United States and encompasses a vast and diverse rental market stretching from the Inland Empire communities of Fontana, Rialto, Ontario, and Rancho Cucamonga in the west to the High Desert communities of Victorville, Hesperia, and Apple Valley in the north and the desert communities of Joshua Tree and Twentynine Palms in the east. Understanding your rights and options after receiving an Unlawful Detainer Summons in San Bernardino County is critical to protecting yourself, your family, and your home.
Where Are San Bernardino County Unlawful Detainer Cases Filed?
The courthouse where your unlawful detainer case is filed — and where your responsive pleading must be filed — depends on two factors: the location of the rental property that is the subject of the eviction and the amount of monetary damages the landlord is seeking in their Unlawful Detainer Complaint. (The courthouse name and address will also appear on the face of your Unlawful Detainer Summons, and on the first page of the Unlawful Detainer Complaint.)
San Bernardino County Superior Court distinguishes between limited Unlawful Detainer cases — where the amount in controversy is $35,000 or less — and unlimited unlawful detainer cases — where the amount in controversy exceeds $35,000. These two categories of cases are filed at different courthouse locations.
Limited Unlawful Detainer Cases (Amount in Controversy $35,000 or Less)
Limited unlawful detainer cases in San Bernardino County are filed at the following courthouse locations depending on the location of the rental property:
Fontana District 17780 Arrow Boulevard Fontana, CA 92335 Clerk's Office Hours: Monday through Friday, 8:00 a.m. to 4:00 p.m.
The Fontana District serves the communities of Fontana, Rialto, Ontario, Rancho Cucamonga, Upland, Montclair, Chino, Chino Hills, Alta Loma, San Bernardino, Colton, Grand Terrace, Loma Linda, Redlands, Yucaipa, Highland, and surrounding unincorporated areas.
Barstow District 235 East Mountain View Street Barstow, CA 92311 Clerk's Office Hours: Monday through Friday, 8:00 a.m. to 4:00 p.m.
The Barstow District serves the communities of Barstow, Victorville, Hesperia, Apple Valley, Adelanto, Phelan, Pinon Hills, Oak Hills, Helendale, and surrounding High Desert communities.
Joshua Tree District 6527 White Feather Road Joshua Tree, CA 92252 Clerk's Office Hours: Monday through Friday, 8:00 a.m. to 4:00 p.m.
The Joshua Tree District serves the communities of Joshua Tree, Twentynine Palms, Yucca Valley, Landers, Pioneertown, and surrounding unincorporated desert communities.
Needles District 1111 Bailey Avenue Needles, CA 92363 Clerk's Office Hours: Monday through Friday, 8:00 a.m. to 4:00 p.m.
The Needles District serves the communities of Needles, Earp, Essex, Parker Dam, Havasu Landing, Big River, Goffs, Vidal Junction, and surrounding areas east of Kelbaker Road.
Unlimited Unlawful Detainer Cases (Amount in Controversy Over $35,000).
Unlimited unlawful detainer cases in San Bernardino County — where the amount in controversy exceeds $35,000 — are filed at the Civil Division of the San Bernardino District regardless of where the rental property is located within the county.
Civil Division of the San Bernardino District (San Bernardino Justice Center) 247 West 3rd Street San Bernardino, CA 92415 Clerk's Office Hours: Monday through Friday, 8:00 a.m. to 4:00 p.m.
The courthouse identified on your Unlawful Detainer Summons is the courthouse where your responsive pleading must be filed. Filing your responsive pleading at the wrong courthouse may result in your pleading being rejected and your deadline expiring without a valid response on file.
What is My Filing Deadline as a San Bernardino County Tenant?
Your deadline for filing a responsive pleading after service of an Unlawful Detainer Summons in San Bernardino County depends on how service was effected on you.
If the Unlawful Detainer Summons was personally handed to you by a process server (or if a process server claims that the Unlawful Detainer Summons was handed to you) you must file your responsive pleading within 10 court days from the date service was effected, or alleged to have been effected. Day 1 of this deadline begins the first court day after the date the Summons was personally handed to you. AB 2347
If the Unlawful Detainer Summons was served by substituted service — meaning the documents were left with another adult at your residence or place of work rather than personally handed to you — you have 10 court days plus an additional 10 calendar days from the date the documents were left with the other adult. CCP § 415.20
If the Unlawful Detainer Summons was served by posting pursuant to a Court Order — meaning it was posted to the entrance of your residence and mailed to you — you have 10 court days plus an additional 10 calendar days from the date the Summons was posted and mailed. CCP § 415.45
Court days do not include Saturdays, Sundays, or court holidays. Call our office immediately at (657) 510-6534 to confirm your specific filing deadline.
What Types of Responsive Pleadings Can a San Bernardino County Tenant File?
A San Bernardino County tenant who has received an Unlawful Detainer Summons may file any of the following responsive pleadings with the Court before their filing deadline expires:
Answer to Unlawful Detainer Complaint (Judicial Council Form UD-105) — The most commonly filed responsive pleading. An Answer admits or denies the allegations of the Unlawful Detainer Complaint and raises any and all affirmative defenses available to the tenant. Filing an Answer as the initial responsive pleading typically results in a trial being scheduled within approximately 20 days of the landlord filing a Request to Set Case for Trial. CCP § 1170.5
Motion to Quash — Challenges the validity of service of the Unlawful Detainer Summons. Appropriate where service was not effected in accordance with the California Code of Civil Procedure. A hearing on a Motion to Quash is held between 3 and 7 days after the Motion is filed. Prior to filing the Motion the tenant must contact the courthouse to reserve a hearing date. CCP § 418.10
Motion to Strike — A formal challenge to specific portions of the Unlawful Detainer Complaint that are improper or not legally permissible. A hearing on a Motion to Strike is held between 5 and 7 days after the Motion is filed. Prior to filing the Motion the tenant must contact the courthouse to reserve a hearing date. AB 2347
Motion for Demurrer — Challenges the legal sufficiency of the Unlawful Detainer Complaint itself. Appropriate where the Complaint contains fundamental legal defects such as a Three Day Notice that demanded an incorrect amount of rent or that was not served in accordance with the California Code of Civil Procedure. A hearing on a Motion for Demurrer is held within 7 days of the date the Motion is filed. Prior to filing the Motion the tenant must contact the courthouse to reserve a hearing date. CCP § 1170
As a general principle, filing a Motion to Quash, Motion to Strike, or Motion for Demurrer as the initial responsive pleading rather than an Answer to the Unlawful Detainer Complaint extends the timeline of the eviction proceedings by approximately one additional month.
What Affirmative Defenses Are Available to San Bernardino County Tenants?
A San Bernardino County tenant who files an Answer to the Unlawful Detainer Complaint may raise any affirmative defenses that are supported by the facts and circumstances of their case. The following are among the most commonly raised affirmative defenses in San Bernardino County unlawful detainer proceedings:
— The landlord breached the Implied Warranty of Habitability by failing to maintain the property in a habitable condition. CC § 1941
— The Three Day Notice upon which the Unlawful Detainer Complaint is based demanded an incorrect amount of rent, included impermissible charges such as late fees or utilities, or was otherwise legally defective. CCP § 1161
— The eviction is retaliatory — meaning the landlord filed the Unlawful Detainer Complaint in response to the tenant exercising a legally protected right such as requesting repairs, reporting habitability issues to a government agency, or asserting rights under California law. CC § 1942.5
— The eviction violates the California Tenant Protection Act of 2019 (AB 1482) because the landlord failed to have a valid just cause for terminating the tenancy after the tenant had occupied the unit for 12 months or longer. CC § 1946.2
— The landlord accepted rent after serving the Three Day Notice, thereby waiving the right to terminate the tenancy based on that notice.
— The eviction is discriminatory in violation of the Fair Employment and Housing Act. Gov. Code § 12955
Does the California Tenant Protection Act AB 1482 Apply to San Bernardino County Tenants?
AB 1482 applies to most residential rental units in San Bernardino County that were built more than 15 years ago and that do not otherwise fall within one of the statutory exemptions. In 2026 this means that most residential rental units built before 2011 are subject to AB 1482 protections. If AB 1482 applies to your tenancy and your landlord failed to have a valid just cause for terminating your tenancy before filing the Unlawful Detainer Complaint against you this may constitute a complete defense to the eviction. For a detailed discussion of AB 1482 and how it may apply to your specific tenancy please refer to our article California Tenant Protection Act AB 1482 — Does It Protect You From Eviction?
Do San Bernardino County Tenants Need to Pay a Court Filing Fee?
Yes. The Court will require payment of a filing fee at the time you submit your responsive pleading. The amount of the filing fee depends on the amount of monetary damages the landlord is seeking in the Unlawful Detainer Complaint. If you are unable to afford the filing fee you may apply for a waiver by submitting a Request to Waive Court Fees (Form FW-001) and an Order on Court Fee Waiver (Form FW-003) together with your responsive pleading at the time of filing.
Eviction Defense Information and Guidance for San Bernardino County Tenants
Tenant Eviction Defense is an IRS 501(c)(3) nonprofit organization serving tenants throughout San Bernardino County and Southern California. We are deeply familiar with the unlawful detainer procedures, local court practices, and tenant protection ordinances that apply to San Bernardino County renters.
If you are a San Bernardino County tenant who has received an Unlawful Detainer Summons or a Notice of Unlawful Detainer in the mail from the Court call our Eviction Defense Rapid Response Line immediately at (657) 510-6534, Monday through Friday from 8:30 a.m. to 6:00 p.m. Our staff is ready to discuss your situation, explain your rights and options under California law, and direct you to the resources and information you need to protect yourself and your family from eviction.
Updated April 12, 2026.