Being served with an eviction lawsuit is frightening, but it does not mean you have to leave tomorrow. In California a landlord can only remove a tenant through a court case called an unlawful detainer, and only the sheriff can carry out the lockout after the landlord wins. You have rights at every step, and many cases are dismissed, won at trial, or settled on terms that give the tenant time and protect their rental history.
Your deadline: 10 court days
Since January 1, 2025, a tenant who is personally served with an unlawful detainer summons and complaint has 10 court days to file a response. Saturdays, Sundays and court holidays are not counted. If you were served by substituted service or by posting and mailing, you may have additional time. If no response is filed, the landlord can request a default judgment and a writ of possession, and the sheriff can post a five day notice to vacate.
Read our guide to counting the 10 court days.
How we defend eviction cases
- Review the notice. Many evictions fail because the 3 day, 30 day, 60 day or 90 day notice was defective: wrong amount, wrong dates, missing information, or improper service.
- Check just cause and rent control. Under the Tenant Protection Act (Civil Code section 1946.2) and many local ordinances, the landlord must have a valid reason and may owe relocation assistance.
- File the right response. An answer, demurrer or motion to quash, depending on the defects in the case.
- Raise affirmative defenses. Habitability problems, retaliation, discrimination, waiver, and failure to follow local rules can all defeat or reduce a landlord's claim.
- Negotiate. Most cases settle. A good settlement can provide more time to move, waive back rent, keep the case off your record, and protect your credit.
- Go to trial if needed. Unlawful detainer cases move quickly to trial, often within weeks.
Common defenses
Every case is different, but the defenses we see most often include a defective notice, rent demanded that was not actually owed, failure to repair serious habitability problems, retaliation for complaints to the landlord or a code enforcement agency, violations of the Tenant Protection Act or a city rent ordinance, and acceptance of rent after the notice expired.
Do not ignore the papers
Even if you plan to move, responding protects you. A default judgment becomes public, can follow you on rental applications, and can include a money judgment for rent, damages and attorney fees. Call as soon as you are served so there is time to review your case and file a response.
Landlords: see our landlord eviction services. More tenant and landlord resources are available at Eviction Legal Center.
Frequently asked questions
How long do I have to respond to an eviction lawsuit in California?
Since January 1, 2025, a tenant served personally with an unlawful detainer summons and complaint has 10 court days to file a response. Weekends and court holidays do not count. If the papers were served another way, the time can be longer. Missing the deadline usually means the landlord can ask for a default judgment.
Can my landlord change the locks or remove my belongings?
No. In California only the sheriff can remove a tenant, and only after the landlord wins an unlawful detainer case and the court issues a writ of possession. Lockouts, utility shutoffs and removing a tenant's property to force a move are unlawful.
Does the Tenant Protection Act apply to me?
Many California tenants who have lived in a unit for at least 12 months are covered by the Tenant Protection Act (Civil Code section 1946.2), which requires just cause to end the tenancy and relocation assistance for no fault evictions. Some properties are exempt, and many cities add stronger local rules.
Will an eviction case show up on my record?
Unlawful detainer records are generally masked from public view at first and become public only if the landlord wins within a set period. A negotiated settlement can often keep the case from becoming public.