10 court days. That’s how long you have to file a written Answer after being served with an Unlawful Detainer Summons (CCP § 1167).
Miss it and the landlord takes a default judgment. The sheriff posts a 5-day lockout notice. You can lose your home in under three weeks.
You were served with eviction papers. That packet is called a Summons and Complaint for Unlawful Detainer. It is serious.
Serious does not mean lost. Most eviction notices in Los Angeles have at least one fatal defect, overstated rent, missing statutory language, defective service, a no-fault termination that ignored LARSO or AB 1482. Any one of those defects can defeat the case. None of them help you if you blow the deadline.
We are a tenant-only firm. We do not represent landlords. We have one job: keep tenants in their homes or get them the best possible exit. This page is the playbook for the next 10 days.
Quick Answer
You have 10 court days to file a responsive pleading (an Answer, demurrer, or motion to quash) (Form UD-105) after being served with an Unlawful Detainer Summons in California. Missing the deadline means a default judgment and a sheriff lockout within weeks. Most eviction notices have curable defects, defective notice, improper service, overstated rent, LARSO/AB 1482 just-cause failures, that can defeat the case if raised in a properly-pleaded Answer. Act now.
Key Takeaways
- Deadline: 10 court days from personal service to file a responsive pleading a responsive pleading, an Answer, demurrer, or motion to quash (CCP § 1167).
- The form is Judicial Council Form UD-105, affirmative defenses go in Item 3.
- Demand a jury trial in the Answer (Item 4) — it is your constitutional right and it changes use.
- Substituted service or post-and-mail extends the deadline, count carefully.
- A defective notice (overstated rent, missing statutory language, wrong cure period) is grounds for dismissal.
- LARSO (LA City) and AB 1482 (statewide) require just cause for most no-fault evictions, failure to comply ends the case.
- Fee waiver Form FW-001 is available if filing fees are a barrier.
- Self-help eviction by the landlord (lockout, utility shutoff, removing belongings) is illegal and a separate civil claim under CC § 789.3.
How the next 10 days should actually go
The first 24 hours after service are for triage. Save the entire packet. Note the date, time, and exact manner of service, personal delivery, substituted service, or posted-and-mailed. Photograph the envelope. Service manner controls the precise deadline: personal service runs ten court days from the day after, substituted or posted service adds five days for mailing. The Complaint shows the case number, pull the docket from the court website to confirm. Read the lease attached as an exhibit. Find every prior notice. The first 20-minute call with a tenant attorney is usually long enough to tell you whether the case is winnable on the merits, settle-able, or both.
The middle stretch, roughly days two through seven, is where the actual defense gets built. Form UD-105 carries the affirmative defenses that win these cases, and they have to be pleaded specifically. Item 3a covers habitability under CC § 1941.1, 3b covers retaliation under CC § 1942.5, 3d covers waiver, 3h covers defective notice, improper service, and overstated rent, and 3j covers LARSO and AB 1482 just-cause failures. The free-text 3u section is where everything else gets articulated. Item 4 is the jury demand, almost always check it. Issues not pleaded are typically waived at trial.
The final days are for filing and proof of service. The Answer goes to the clerk in the courthouse where the Complaint sits (LA County courts accept e-filing through One Legal, File & ServeXpress, and similar providers). The filing fee runs $225 to $435, Form FW-001 waives it for tenants who qualify. A file-stamped copy needs to go to opposing counsel the same day, with Form POS-030 documenting the service. Past the deadline, even one day, and the landlord can request a default. CCP § 473 relief is sometimes available, but the only reliable strategy is to file on time. If you are anywhere near the deadline and the Answer is not yet drafted, that is the conversation to have with counsel today.
What NOT to do
- Don’t move out based on the notice alone. The notice is not a court order. Until a sheriff posts a lockout notice, you have the legal right to stay.
- Don’t pay the disputed amount under a defective notice, payment can be used to confirm the landlord’s number.
- Don’t talk to the landlord’s attorney without your own counsel present.
- Don’t ignore the papers hoping it will resolve. It will not.
- Don’t use a generic out-of-state form. UD-105 is the California form, other forms get rejected.
If your landlord locks you out or shuts off utilities
Self-help eviction is illegal. CC § 789.3 imposes minimum $100/day statutory damages plus actual damages and attorney fees for utility shutoffs, removal of property, or lockouts. CC § 1940.2 covers tenant harassment by force, fraud, or threats. PC § 418 makes self-help eviction a misdemeanor. Document everything: photos, video, witness names. Call us, we’ve litigated these and the recovery is real.
What an experienced tenant attorney can do for you
- Spot defects in the notice and the service that you won’t see.
- File a Motion to Quash, Demurrer, or Motion to Strike before the Answer if grounds exist.
- Plead the Answer with the right affirmative defenses, issues not raised are often waived.
- Negotiate a stay, a payment plan, or a cash-for-keys settlement on terms you can live with.
- Take the case to trial if settlement isn’t fair.
- Get the case sealed under CCP § 1161.2 if resolved within 60 days, keeping the eviction off your record.
Related pages
- How to Answer (UD-105) — Step-by-Step
- UD Timeline, What Happens Next
- Defective Notice Defense
- Improper Service Defense
- Sealing the UD Record (CC 1161.2)
Just served? Get the free first-week checklist.
A one-page guide to your 10-court-day deadline, the defenses that may apply, and what not to do. No email required.
Download the Free Checklist (PDF)- Looking for a Los Angeles eviction defense attorney? Our main tenant defense page covers the full eviction defense playbook.
- Eviction Defense Information Hub: comprehensive topic index for California tenants.
- What Happens After You File Your Answer
- How Long Does an Eviction Case Take in LA
- Neighborhood guides: Santa Monica, West Hollywood, Long Beach, Hollywood, Downtown LA
Frequently asked questions
How fast does this move?
Fast. You have 10 court days from personal service to file your Answer. Roughly two weeks of calendar time. Miss it and the landlord can take a default judgment.
What documents will I need?
The lease, all notices, payment records, communications with the landlord, repair requests, and any code enforcement complaints or inspection reports.
Should I move out?
Not without legal advice. Moving out does not end the case in most situations. The landlord can still pursue a judgment for back rent and an unlawful detainer record.
Can I represent myself?
Yes, but unlawful detainer is one of the most procedurally fast and unforgiving areas of California civil practice. If filing fees are a barrier, file Form FW-001 for a fee waiver.
What if I cannot afford a lawyer?
Stay Housed LA or other right-to-counsel programs cover some tenants. Free consults with private firms can scope the case before deciding next steps.
Skip to content