Responding to an Eviction in California — What Tenants Need to Know

The Eviction Process — Step by Step

Most California eviction cases follow this sequence. Knowing where you are helps you understand what paperwork is needed next.

1. 1
   Notice Period The landlord serves a written notice — a 3-Day Notice to Pay or Quit, a 30/60-Day Termination Notice, or a Notice to Vacate. This is before any lawsuit is filed. Depending on the type of notice and your situation, you may have options to respond, pay, or document your position before things escalate.
2. 2
   Unlawful Detainer Filed If you don't comply with the notice, the landlord files an Unlawful Detainer (UD) lawsuit with the court. The court then issues a Summons and Complaint, which must be formally served on you. This is when the 10-day clock starts.
3. 3
   You Are Served A process server delivers the Summons and Complaint to you — in person, by substituted service, or by posting and mailing. The date of service starts your 10-court-day response window under AB 2347. Do not ignore these papers.
4. 4
   File Your Answer Your written Answer (UD-105) is filed with the court before the deadline expires. This document sets out your position and any defenses you're raising. It is one of the most important documents in your case. Without it, the landlord can request a default judgment.
5. 5
   Settlement Conference Before trial, most courts schedule a settlement conference where both sides meet to try to resolve the matter. Arriving organized — with your documents sorted, your timeline clear, and your paperwork complete — makes a significant difference. Judges and opposing counsel take prepared tenants more seriously.
6. 6
   Trial If no settlement is reached, the case goes before a judge. Your Answer, declarations, evidence, and organized documents are what the judge reviews. Being prepared is not just helpful — it is essential.
7. 7
   Judgment & Enforcement If a judgment is entered against you, the landlord can request a Writ of Possession, which allows the Sheriff to remove you. A Stay of Execution may delay enforcement while you pursue other options. This paperwork must be filed quickly after judgment.

Counting Your 10 Days Correctly

Under AB 2347, California tenants have 10 court days — not calendar days — to respond to an Unlawful Detainer complaint. Here's how to count:

• Start counting the day after you were served — not the day of service
• Skip weekends — Saturday and Sunday don't count
• Skip court holidays — check the Alameda County Superior Court calendar for closures
• If the 10th day falls on a weekend or holiday, your deadline is the next court day

What Happens If You Don't Respond

If you do not file a written Answer by your deadline, the landlord's attorney can request a default judgment against you. A default judgment means:

• The court rules in the landlord's favor without a hearing
• A Writ of Possession can be issued to the Sheriff
• You can be physically removed from your home
• The judgment may include money damages and attorney fees
• It appears on your rental history, making it harder to rent in the future

Filing a response — even an imperfect one — preserves your right to be heard. It is almost always better to file something than to file nothing.

Possible Defenses to Know About

Every situation is different and defenses depend on your specific facts. That said, these are common issues that may be relevant to your case. You — not your document preparer — decide which defenses to raise in your Answer.

Documents to Gather Before Your Deadline

The more organized you are, the better positioned you'll be — at the settlement conference, in the courtroom, and in any interaction with free legal aid. Try to locate:

• The Summons and Complaint you were served (note the case number)
• The original notice — 3-Day, 30/60-Day, or Notice to Vacate
• Your lease or rental agreement — all pages including addendums
• Rent payment records — bank statements, receipts, Venmo/Zelle, money orders
• Text messages and emails with your landlord or property manager
• Any accommodation requests you submitted and responses you received
• Photos of the unit — especially if habitability is an issue
• Section 8 / voucher documentation if applicable

Free Legal Aid at the Alameda County Courthouse

Alameda County Superior Court has free legal aid resources available on eviction hearing days. Centro Legal de la Raza provides walk-up intake in the courthouse hallway — no appointment needed, but arrive early. They can provide legal advice and, in some cases, representation for qualifying tenants.

• Centro Legal de la Raza: (510) 437-1554 · centrolegal.org
• Bay Area Legal Aid: baylegal.org · (415) 982-1300
• Alameda County Superior Court Self-Help Center: (510) 891-6000

Demand for free legal services far exceeds availability. Arriving at the courthouse with your paperwork already organized and your documents in order allows legal aid staff to focus on your legal situation rather than helping you sort through papers. A prepared tenant gets significantly more out of a limited legal aid consultation.

How We Can Help

Pro Per Paperwork Pros™ prepares court documents for tenants in Alameda and Contra Costa Counties — accurately and affordably. We are not attorneys and do not provide legal advice. What we do is prepare your paperwork so that when you walk into that courtroom or sit down with a legal aid attorney, you are as organized and prepared as possible.

We help prepare:

• Answer to Summons & Complaint (UD-105)
• Fee Waiver Application (FW-001)
• Supporting declarations
• Proof of Service
• Document organization and filing preparation
• Stay of Execution paperwork if judgment has been entered
• Help when papers were improperly served

Standard turnaround is 2–5 business days. Rush 24-hour preparation is available for an additional fee. Attorney fees shouldn't stop you from getting your paperwork right.