Eviction defense
How to answer an eviction in California
If you were handed a Summons and Complaint for unlawful detainer, the clock is already running. This is the one deadline in California civil practice where missing it by a day ends the case.
The deadline is 10 court days
Under Code of Civil Procedure section 1167, as amended by AB 2347 effective January 1, 2025, your written answer is due within 10 days of service, not counting weekends or court holidays. Service by mail adds five court days.
Do not count calendar days and hope. Count court days from the date the papers were handed to you, and file early if you can.
What happens if you do nothing
The landlord asks the clerk for a default judgment. No hearing, no judge weighing your side, no chance to explain. The sheriff posts a five-day notice to vacate and that is the end of it.
Filing an answer, even a plain one, stops the default and gets you a trial date. In an unlawful detainer that trial is set fast, usually within 20 days of a request.
UD-105 is the answer form
UD-105 Answer - Unlawful Detainer is a Judicial Council form. You check the paragraphs of the complaint you disagree with and then check your affirmative defenses. If your defenses need more room, they continue on MC-025 Attachment.
Filing it also requires proof you served a copy on the landlord's attorney, and FW-001 if you need the filing fee waived.
Defenses tenants routinely have and never raise
Habitability: the unit had conditions the landlord did not fix. Improper notice: the 3-day, 30-day, or 60-day notice was defective, miscounted, or never properly served. Retaliation: the case followed a complaint you made. Discrimination. Acceptance of rent after the notice expired. A rent-control or just-cause ordinance the landlord did not follow.
Each one is a real defense with a real legal basis. None of them help you if the answer is never filed.
Answer before the clock runs out
Upload the papers you were served and we read them, calculate your exact deadline, and prepare UD-105 with the defenses that fit your facts. $149 for the packet.
Start my eviction answerKeep reading
- How to sue someone in CaliforniaThe whole process, from deciding what to ask for to getting the papers served, without hiring anyone.
- Small claims or civil courtThe trade you are making: speed and simplicity against how much a judge is allowed to award you.
- Filing fees and fee waiversWhat the clerk charges, and the form that makes the charge go away if you qualify.
file my case is a self-help document preparation service, not a law firm, and this page is not legal advice. Deadlines and fees change; confirm yours before you file.