To respond to an unlawful detainer in California, you file an Answer on Judicial Council form UD-105 with the court that issued your Summons, and you have to do it before your deadline runs out. If the papers were handed to you in person, that deadline is 10 court days. If they were left with someone else and mailed, or posted and mailed, you get 20 days from the mailing date. Miss the deadline and the landlord can take a default judgment without you ever appearing.
Read the Papers You Were Served
An eviction case starts with two documents. The Summons (Form SUM-130) tells you a lawsuit has been filed and identifies the court and case number.1California Courts. Summons-Unlawful Detainer-Eviction The Complaint (Form UD-100) lists the landlord’s reasons for asking the court to evict you — unpaid rent, a lease violation, an expired tenancy, or something else.2California Courts. Complaint – Unlawful Detainer (UD-100)
Read the Complaint closely. Every numbered paragraph is a specific allegation, and your Answer will need to address each one. Also look at what the landlord is demanding in dollars — that number controls both the filing fee and the kind of denial you’re allowed to use.
How Long You Have to Respond
The clock depends on how you were served.
- Personal service (someone handed the papers to you, or left them near you after you refused to take them): 10 court days. Court days exclude weekends and court holidays, which puts the real calendar deadline at roughly two weeks.3California Courts. Fill Out an Answer Form in an Eviction Case
- Substituted service (delivered to another adult at your home or workplace, then mailed to you) or service by posting (taped to your door and mailed): 20 days from the date the server put the papers in the mail.3California Courts. Fill Out an Answer Form in an Eviction Case
Nothing pauses that deadline. If you don’t file on time, the landlord can ask the court for a default judgment, and the judge rules for the landlord without ever hearing from you. Most tenants who lose eviction cases lose them this way, not at trial.
Filling Out the Answer (Form UD-105)
Your response goes on the Answer — Unlawful Detainer — Eviction form (UD-105), available on the California Courts website or at your courthouse’s self-help center.3California Courts. Fill Out an Answer Form in an Eviction Case The case number and the court’s address come straight off your Summons.
Denying the Landlord’s Allegations
The form has a section for denials. If the landlord is claiming $1,000 or less, you can check the general denial box (item 2a), which tells the court you disagree with everything in the Complaint. If the landlord is claiming more than $1,000, a general denial is not allowed. You have to go through the Complaint paragraph by paragraph in item 2b and identify each statement you disagree with.4Judicial Council of California. Answer – Unlawful Detainer (UD-105) Anything you don’t specifically deny is treated as admitted, so if you’re uncertain, deny it.
Checking Your Affirmative Defenses
Further down, the form lists affirmative defenses — reasons you shouldn’t be evicted even if part of what the landlord says is technically true. Check every box that fits your situation and add a short explanation of the facts. The common ones in California cases:
- Uninhabitable conditions the landlord failed to fix, like broken plumbing, no heat, water leaks, or non-working locks, so long as you or your guests didn’t cause the problem.5California Courts. Eviction Defenses
- Retaliation for reporting health or safety violations, requesting repairs, or calling police or emergency services.5California Courts. Eviction Defenses
- Discrimination based on race, sex, religion, national origin, disability, number of children, or another protected characteristic.5California Courts. Eviction Defenses
- Defective notice. A three-day notice must state the exact amount due, the name and phone number of the person authorized to accept payment, and an address or account number for making payment.6California Legislative Information. California Code of Civil Procedure – CCP 1161
- Waiver, if the landlord accepted rent after the notice period expired.
- Tenant Protection Act violations. If your property is covered, the landlord needs a legally recognized just cause and has to follow the Act’s notice and relocation-assistance rules.7California Office of the Attorney General. Tenant Protection Act – Landlords and Property Managers
You don’t have to prove any of this when you file. You just have to name it. Evidence comes later, at trial. A defense you don’t check on the form is a defense you may not be able to raise in court, so err toward listing anything that plausibly applies.
Filing Fee and Fee Waiver
Filing an Answer costs money, and the amount depends on how much the landlord is trying to collect. For claims up to $10,000, which covers most residential cases, the fee is $225. Between $10,001 and $35,000 it’s $370, and above $35,000 it’s $435.8Judicial Branch of California. Superior Court of California Statewide Civil Fee Schedule Effective 01-01-2026
If you can’t pay, file a Request to Waive Court Fees (Form FW-001) with your Answer.9California Courts. Ask for a Fee Waiver You qualify if you receive certain public benefits (Medi-Cal or food stamps, for example), your income falls below the court’s thresholds, or you don’t have enough left after basic needs to cover court costs. The judge rules on the waiver on a separate order (FW-003). A granted waiver eliminates the fee, so don’t let cost stop you from responding.
Filing and Serving the Answer
Make at least two copies of the completed Answer before you go to the courthouse. Bring the original plus copies to the clerk’s office at the court listed on your Summons. The clerk keeps the original and stamps your copies as proof of filing.
You then have to deliver a copy to the landlord or their attorney, and you cannot do it yourself. Another adult who isn’t part of the case has to serve it. The easiest method is first-class mail to the address for the landlord or attorney shown on the Summons. The person who mailed it fills out and signs a Proof of Service by First-Class Mail (Form POS-030) stating when and where they mailed it.10Judicial Council of California. Proof of Service by First-Class Mail – Civil (POS-030) File that POS-030 with the clerk. Until it’s on file, the court has no record that service was completed.
If Your Deadline Has Already Passed
If the response window closed and the landlord got a default judgment, you may still have a way in. Under Code of Civil Procedure section 473(b), you can file a motion to set aside the default. You’ll need to show the default happened because of a genuine mistake, surprise, or excusable neglect — not because you chose to ignore the case.11California Courts. Ask for a Set Aside After an Eviction Judgment
You have up to six months from the judgment to file. There’s no pre-printed form; you draft the motion in legal format and attach the UD-105 Answer you would have filed on time. You only get one attempt. If the motion is done wrong, you can’t refile.11California Courts. Ask for a Set Aside After an Eviction Judgment Given that, this is a stage where working with a legal aid attorney matters most.
What Happens After You File
Once you’ve filed, the landlord can file a Request to Set Case for Trial (Form UD-150).12California Courts. Request/Counter-Request to Set Case for Trial – Unlawful Detainer The court must schedule trial within 20 days of that request unless both sides agree to extend the date or a judge finds good cause to move it after a hearing.13California Legislative Information. California Code of Civil Procedure CCP 1170-5
You can request a jury trial by checking the jury box on the UD-150 you file or counter-file, then mailing a copy to the landlord. The jury fee is $150 and can be included in a fee waiver.14California Courts. What to Expect at an Eviction Trial The fee has to be posted at least five days before trial or you lose the jury right.15California Legislative Information. California Code of Civil Procedure CCP 631
Many cases settle before trial. California provides a Stipulation form (UD-155) for putting the agreement on the record. Typical terms include a payment plan for back rent, extra time to move, a neutral rental reference, or a promise not to report the eviction to credit agencies. Two versions exist: a Stipulation and Order keeps the case open while you comply, and if you meet the terms it resolves without a judgment against you; a Stipulated Judgment ends the case immediately with a judgment on the record, the same effect as losing at trial.16Judicial Council of California. Unlawful Detainer Stipulation (UD-155) Read anything you’re offered carefully before signing.
If You’re on Active-Duty Military
The Servicemembers Civil Relief Act applies if you’re on active duty, including reservists on federal orders for more than 30 days. A landlord generally cannot evict a servicemember or their dependents from a primary residence without a court order, and the court can pause proceedings or adjust lease obligations.17United States Courts. Servicemembers Civil Relief Act (SCRA) Before any default judgment, the landlord must file an affidavit about your military status so the court can confirm you’re not on active duty.18Department of Justice. Financial and Housing Rights
Where to Get Help
Every California courthouse has a self-help center that provides free legal information and can walk you through the forms and deadlines. LawHelpCA lists legal aid offices and low-cost services by county, and county law libraries can point you to further resources. For statewide housing programs, the state’s Housing Is Key website connects renters with available assistance.19California Courts. Eviction Legal and Housing Resources Eviction cases move on a short clock, so reaching out the same day you’re served is reasonable, not premature.