Renting: Tenants & Landlords · Notices and evictions
How tenants respond to an eviction case
In this guide
- An eviction case begins when the tenant is served with a Summons and Complaint.
- After personal service, the time to file an Answer (form UD-105) is 10 court days. Other service methods add time.
- If no response is filed, the landlord can ask for a default judgment.
The papers
A court eviction case (an “unlawful detainer”) starts when the landlord files a Complaint and the tenant is served with it and a Summons. The Summons shows the court and case number and the time allowed to respond.
Responding
The usual response is an Answer on Judicial Council form UD-105, which lets the tenant deny statements in the Complaint and list defenses. It must be filed with the court and a copy served on the landlord. The court’s self-help pages describe common defenses and how to fill out the form. Filing fees generally range from $240 to $450, and fee waivers are available.
Time frames (California Courts)
- After personal service: 10 court days to file a response. Saturdays, Sundays and court holidays are not counted.
- After substituted service or posting and mailing: additional time is added, as the court’s page explains.
- Service through the Safe at Home program: 15 court days.
What happens next
- Default or trial. If no response is filed, the landlord can request a default judgment. If an Answer is filed, either side can ask for a trial, which is usually set quickly.
- Settlement. Many cases settle, sometimes through court mediation programs.
- Judgment. If the landlord wins, the court issues a judgment and a writ of possession.
- Sheriff. The sheriff posts a notice to vacate, generally giving 5 days before carrying out the lockout.
Court records in eviction cases are generally kept confidential at first and become public only in certain circumstances, such as a landlord winning within a set period.
Common questions
What if the response period has already passed?
The court’s page explains that a tenant may still be able to file an Answer if the landlord has not yet requested a default. Court self-help centers can explain options after a default.
Official sources for this guide
Keep reading