Full question:
On Saturday I received a unlawful detainer-eviction summons and needed to know what forms I needed to fill out to respond to the summons so I could plead my case or if I should get a lawyer to help me out
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
If you receive an unlawful detainer complaint, seek legal advice immediately. You can get help from tenant organizations, housing clinics, legal aid organizations, or private attorneys.
You typically have only five days to respond in writing to the landlord's complaint. File the correct legal document with the Clerk of Court in the jurisdiction where the lawsuit was filed. If the fifth day falls on a weekend or holiday, you can file your response the following Monday or non-holiday.
Usually, tenants respond by filing a written "answer." If you have a legal defense, you must state it in your answer and file it by the end of the fifth day; otherwise, you may lose that defense. Common defenses include:
- The landlord's notice demanded more rent than owed.
- The rental unit violated the implied warranty of habitability.
- The eviction was retaliatory for exercising tenant rights or reporting issues to a building inspector.
Depending on your case, you might also file other responses, like a Motion to Quash Service of Summons if you believe the summons was improperly served, or a Demurrer if the complaint has a technical defect.
Failing to file a written response by the deadline may result in a default judgment against you, allowing the landlord to obtain a writ of possession and potentially award unpaid rent, damages, and court costs.
When filing your response, you will need to pay a filing fee, typically around $180. If you cannot afford it, you can request a fee waiver using the "Application for Waiver of Court Fees and Costs" from the Clerk of Court.
After filing your answer, the Clerk will notify both you and the landlord of the trial's time and place. If you do not appear in court, a default judgment will be entered against you.
Special rules apply for military tenants, who may be entitled to a 90-day stay of eviction if their ability to pay rent is materially affected by military service.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.