Served with eviction court papers in California: how to respond on time

What the court papers are

The Summons tells you that a case has been filed, names the court and states how long you have to respond. The Complaint explains why the landlord says you must leave, for example unpaid rent after a 3-day notice, a breach of the lease or the end of the tenancy after a 30- or 60-day notice. A copy of the notice is usually attached.

Read both documents in full and note the case number, the court address and the date you were served. Court papers are different from a notice: they start a lawsuit, and the court will act on them even if you do nothing.

How much time you have

The response deadline is counted in court days, which means Saturdays, Sundays and court holidays are not counted. According to the California Courts Self-Help Guide, if the papers were handed to you personally you have 10 court days after service to file your Answer. If they were left with someone else or posted and mailed, you get additional time. Check the current rules and the Summons itself, and do not rely on a rough guess.

If you are close to the deadline, file first and gather documents afterwards. A late response risks a default judgment. If a default has already been entered, there may be ways to ask the court to set it aside, but those requests must be made quickly and are not guaranteed to succeed.

• Write the service date on the first page of the Summons.
• Count court days on a calendar, excluding weekends and court holidays.
• If you cannot afford the filing fee, you can ask for a fee waiver on form FW-001.

Filing an Answer and raising defenses

Most tenants respond with an Answer on form UD-105. The form lets you deny the landlord's statements and check defenses that may apply, such as a defective notice, a demand for more rent than was owed, a serious habitability problem, retaliation, discrimination, or a missing just cause where the Tenant Protection Act or a local ordinance applies. You must file the Answer with the court and serve a copy on the landlord or the landlord's attorney.

Defenses depend on the facts and on documents, so bring your lease, rent records, notices, photos and messages to any meeting with an attorney or self-help center. Some defenses must be stated in the Answer to be considered later.

Trial, settlement and the sheriff

After an Answer is filed, either side can ask for a trial date, and unlawful detainer trials are usually set quickly. Many cases settle before trial, for example with a move-out date, a payment plan or an agreement about the deposit. Read any settlement carefully before signing, because it can include a judgment or waive claims.

If the landlord wins, the court issues a writ of possession and the sheriff posts a notice giving a final short period before the lockout. Eviction court records can affect future rental applications, which is one more reason to respond on time and to understand your options early.