- Strict Deadlines: Tenants typically have only 5 court days to file a formal written "Answer" after being served with an Unlawful Detainer Summons and Complaint.
- Mandatory Notices: Landlords must provide a valid 3-day, 30-day, or 60-day notice before filing an eviction lawsuit in court.
- Legal Defenses: Habitability issues, such as lack of heat or water, and landlord retaliation are powerful affirmative defenses that can stop an eviction.
- Physical Lockouts: Only a Sheriff with a court-ordered Writ of Possession can physically remove a tenant; landlords cannot change locks or shut off utilities themselves.
- Answer-First Strategy: Filing a response is the only way to prevent an automatic "default judgment," which leads to immediate eviction and credit damage.
Understanding Mandatory Notice Periods in California
An Unlawful Detainer action cannot begin until a landlord serves a written notice and the notice period expires. These notices inform the tenant of a specific lease violation or the termination of the tenancy and provide a window to "cure" the issue or move out.
The type of notice you receive depends on the reason for the eviction. A 3-Day Notice to Pay Rent or Quit is used for overdue rent, while a 3-Day Notice to Perform Covenants or Quit is for lease violations like unauthorized pets. If the landlord is ending a month-to-month tenancy without a specific cause (where legal under the California Tenant Protection Act), they must provide a 30-day notice for tenancies under one year or a 60-day notice for tenancies over one year. If you do not comply or leave by the end of this period, the landlord can then file a Summons and Complaint in court.
How to File a Formal Answer Within 5 Days
The most critical step in defending an eviction is filing a written "Answer" (Form UD-105) with the court within 5 court days of being served. This deadline excludes Saturdays, Sundays, and judicial holidays, but failing to meet it allows the landlord to win by default.
To file your Answer, follow this procedural checklist:
- Download Form UD-105: Obtain the "Answer-Unlawful Detainer" form from the California Courts website.
- Identify Defenses: Check the boxes for "Affirmative Defenses" that apply to your situation, such as the landlord refusing rent or failing to make repairs.
- Complete Proof of Service: You cannot mail the Answer yourself; a third party over 18 must mail a copy to the landlord's attorney and sign a "Proof of Service" form.
- File at the Courthouse: Take your original Answer and the signed Proof of Service to the court clerk's office where the case was filed.
- Pay or Waive the Fee: You must pay a filing fee (usually between $225 and $435) or submit a "Request to Waive Court Fees" (Form FW-001) if you have a low income.
Sample Defense Language for Form UD-105
When filling out the "Statement of Facts" or "Other Affirmative Defenses" section, use clear, factual language. Here are three common examples:
- Breach of Habitability: "The defendant notified the landlord in writing on [Date] of a lack of heat and a mold infestation in the bedroom. The landlord failed to repair these conditions, which substantially affect health and safety."
- Retaliation: "The landlord served this notice within 180 days of the defendant contacting the local building inspector regarding code violations, in violation of California Civil Code Section 1942.5."
- Defective Notice: "The 3-Day Notice to Pay Rent or Quit served on [Date] demanded late fees and utilities in addition to base rent, making the notice legally defective under California law."
Common Legal Defenses: Habitability and Retaliation
In California, tenants have the right to a safe and "habitable" home, and landlords are prohibited from evicting tenants as punishment for exercising legal rights. If these conditions are proven, the court may reduce the rent owed or dismiss the eviction entirely.
The Warranty of Habitability (Civil Code 1941.1) requires landlords to provide essential services like plumbing, heating, waterproofing, and electrical systems. If a landlord sues for non-payment of rent, a tenant can argue that the rent should be reduced because the unit was not fit for human habitation. Retaliation occurs when a landlord attempts to evict a tenant because they complained to a government agency, joined a tenant union, or used "repair and deduct" rights. Under Civil Code 1942.5, if the landlord's primary motive is to punish the tenant for these protected acts, the eviction is illegal.
Mandatory Mediation and Settlement Options
Many California courts require or strongly encourage parties to participate in a Mandatory Settlement Conference (MSC) or mediation before a trial begins. These sessions are designed to reach a compromise that avoids the uncertainty and cost of a trial.
During mediation, a neutral third party helps the landlord and tenant negotiate a "Stipulated Agreement." Common settlement terms include a "move-out date" that gives the tenant more time to find housing, a "pay and stay" agreement where the tenant catches up on rent, or a "neutral reference" for future landlords. If an agreement is reached, it is put in writing and signed by a judge. If you follow the terms, the eviction case is typically dismissed, which protects your credit score and rental history from showing an eviction judgment.
Timelines for the Physical Lockout Process
If a tenant loses at trial or fails to file an Answer, the court will issue a "Judgment for Possession" and a "Writ of Possession." The physical removal of the tenant is a multi-step process handled exclusively by the County Sheriff.
| Phase | Timeline | Action |
|---|---|---|
| Notice to Vacate | 5 Days | The Sheriff posts a 5-Day Notice to Vacate on the tenant's door. |
| The Lockout | After Day 5 | The Sheriff returns to physically remove occupants and restore possession to the landlord. |
| Personal Property | 15-18 Days | Tenants have 15 days (if personally served) or 18 days (if mailed) to reclaim property left behind. |
Once the Sheriff posts the 5-Day Notice to Vacate, the tenant must move out voluntarily. If they are still present when the Sheriff returns, the Sheriff will physically remove them and the landlord will change the locks. The landlord is not allowed to keep your belongings permanently; you must be given a chance to reclaim them, though you may have to pay reasonable storage costs.
Common Misconceptions About California Evictions
- "I can stop paying rent if the sink is broken." While habitability is a defense, you should never simply stop paying rent without legal advice. In most cases, you must "segregate" the rent (save it in a separate account) to show the court you have the funds but are withholding them due to repairs.
- "My landlord can change the locks if I don't leave after 3 days." This is a "self-help" eviction and is strictly illegal in California. Only a Sheriff can lock you out after a full court process. Landlords who do this can be sued for significant damages.
- "An eviction notice stays on my record forever." In California, if you win your case or settle it within 60 days of filing, the record is "masked" (hidden) from the public and credit agencies. It only becomes a public record if the landlord wins a judgment against you.
FAQ
Can I be evicted for no reason in California?
Under the Tenant Protection Act of 2019 (AB 1482), many tenants have "just cause" protections, meaning a landlord must have a specific legal reason (like non-payment or lease violation) to evict. However, this does not apply to all properties, such as some single-family homes or newer constructions.
How do I count the 5 days to respond to a summons?
Start counting on the day after you were handed the papers. Do not count Saturdays, Sundays, or court holidays. If the 5th day falls on a weekend or holiday, you have until the end of the next business day to file.
What happens if I move out before the 5 days are up?
If you move out after being served with a Summons but before filing an Answer, you should still inform the court. The case may be converted to a regular civil case for money damages (unpaid rent), but the "Unlawful Detainer" (eviction) portion may be dismissed.
When to Hire a Lawyer
You should consult a real estate or tenant rights attorney immediately if you receive a Summons and Complaint. Legal representation is especially vital if your landlord has an attorney, if you have significant habitability claims, or if you are being evicted from a rent-controlled or government-subsidized unit. A lawyer can identify technical defects in the landlord's notice that a layperson might miss, potentially resulting in the case being dismissed on procedural grounds.
Next Steps
- Gather Evidence: Collect all copies of your lease, rent receipts, and photos/videos of any repair issues in your apartment.
- Organize Communications: Print out all emails or text messages between you and your landlord regarding repairs or rent payments.
- Find Your Local Court: Identify the specific courthouse listed on your Summons and check their hours for filing.
- Seek Local Aid: Contact a local legal aid society or "Tenant Power" group in your city; many offer free clinics to help you fill out the Form UD-105 Answer.
- Calculate Your Deadline: Mark your calendar with the 5-day filing deadline to ensure you do not lose your right to a trial by default.
