If you were served with an unlawful detainer summons and complaint in Los Angeles, you have 10 court days from the date of service to file a response — not 10 calendar days, and the clock does not pause for weekends or holidays. Miss it, and the landlord can take a default judgment without a trial. Your main response options are an Answer (UD-105), a demurrer, or a motion to quash service, depending on the facts. Filing something on time, even a basic Answer, keeps your case alive and preserves every option you might otherwise lose.
Key Takeaways
- The clock: 10 court days from service, under AB 2347 — up from 5 court days before 2025.
- Do nothing, lose by default: no response means the landlord can get a default judgment and a lockout without you ever appearing in court.
- Three main response types: Answer, demurrer, or motion to quash service, depending on your situation.
- Fee waivers exist: form FW-001 can waive the filing fee if you can't afford it.
- Filing preserves your options: even if you ultimately move, a timely response keeps every path open until you decide.
Getting served with an unlawful detainer — California's name for an eviction lawsuit — is stressful, and the paperwork is designed to move fast. That speed is exactly why the first 48 hours matter more than almost anything else in the case. This guide walks through what the papers mean, how much time you actually have, and what to file before that time runs out.
We prepare eviction response documents for tenants throughout Los Angeles County at a flat fee. If you'd like a professional to review what you were served, see our eviction document preparation service. We are a registered legal document assistant, not a law firm, so we prepare documents at your direction and cannot give legal advice.
What You Were Actually Served With
An unlawful detainer packet typically includes a Summons (form SUM-130) and a Complaint (form UD-100), plus any attachments. The Summons is the official notice that you're being sued and states your deadline to respond. The Complaint lays out the landlord's claim — usually referencing an earlier 3-day, 30-day, 60-day, or 90-day notice that expired without you moving out or fixing the problem.
Read the Summons first. It states the case number, the court branch, and the response deadline. Everything else in this guide depends on getting that date right.
| Document | What it tells you |
|---|---|
| Summons (SUM-130) | Your response deadline and which court branch has the case. |
| Complaint (UD-100) | The landlord's legal grounds and the notice that preceded the lawsuit. |
| Proof of Service | How and when you were served — the basis for a motion to quash if it's wrong. |
| Prior notice (3/30/60/90-day) | Usually attached as an exhibit; its accuracy is often the whole case. |
Your Clock Starts the Day You Were Served
Under AB 2347, effective January 1, 2025, tenants get 10 court days to respond, up from the previous 5. Court days exclude Saturdays, Sundays, and court holidays — they are not the same as calendar days, so count carefully or have someone confirm the exact date for you.
How you were served matters too. Personal service (handed directly to you) starts the clock immediately. Substituted service (left with another responsible person at your home or work, plus a mailed copy) generally adds extra days before the response is due. Posting and mailing, used as a last resort when you can't be found, also adds time. If the Proof of Service describes something that doesn't match what actually happened, that mismatch can itself be grounds to challenge the case.
When in doubt, file something before the deadline. An incomplete or imperfect Answer filed on time protects you far better than a perfect response filed one day late. You can supplement or correct course after the case is open; you generally cannot undo a default.
Step by Step: What to Do After Being Served
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Read the Summons and calendar your deadline
Find the response date on the Summons and mark it immediately. Count court days, not calendar days, and confirm the date if you're unsure — this single number controls everything else.
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Check whether service was proper
Compare the Proof of Service to what actually happened — who was served, where, and when. If service looks defective, a motion to quash may be available and can reset the clock or end the case entirely.
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Review the underlying notice
Look at the 3-day, 30-day, 60-day, or 90-day notice attached to the Complaint. Check the amount demanded, the notice period, and whether the notice type matches the landlord's stated reason. Errors here are the most common reason unlawful detainer cases get dismissed.
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Decide your response type
Based on what you find, choose between an Answer, a demurrer, or a motion to quash — or, in some cases, more than one filed together. A free consultation reviewing your specific papers can tell you honestly which situation you're in.
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File your response with the court
File before your deadline at the courthouse handling your case, along with the filing fee or a Request to Waive Court Fees (FW-001) if you qualify. Keep your file-stamped copy.
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Serve the landlord or their attorney
Your response must be served on the landlord or their attorney of record, and a Proof of Service filed with the court. This step is often missed and can undermine an otherwise solid response.
Your Main Response Options
| Response | When it fits |
|---|---|
| Answer (UD-105) | The standard response — admits or denies each allegation and raises your defenses. Almost always available. |
| Demurrer | The Complaint itself is legally defective on its face — wrong notice type, missing required allegations, and similar pleading defects. |
| Motion to Quash Service | You were never properly served under the statutory requirements — a procedural challenge to how the case reached you at all. |
These aren't always exclusive. Depending on the facts, a tenant might file a motion to quash and, if it's denied, still have time to file an Answer. This is precisely the kind of sequencing decision worth a case review before you file anything.
Common Defenses Worth Checking
- Wrong notice type for the reason the landlord is claiming
- Rent amount in the 3-day notice stated incorrectly, or including charges that can't legally be demanded that way
- Notice period miscounted, or notice never actually delivered as claimed
- Habitability issues — serious unrepaired conditions the landlord knew about
- Retaliation for a complaint, repair request, or organizing activity
- Discrimination based on a protected characteristic
- Just-cause requirements under the LA Rent Stabilization Ordinance or AB 1482 not properly addressed
Not every case has one of these defenses, and raising one you can't support can waste time you don't have. This is where an honest, no-cost review of your actual papers is worth more than a checklist.
If You Do Nothing: The Default Judgment Path
Missing the deadline doesn't pause the case — it accelerates it. The landlord can request entry of default, then a default judgment, often without any hearing where you're present. Once judgment enters, the court issues a writ of possession, and the sheriff schedules a lockout, typically within a matter of days. There is no built-in second chance once default judgment is entered, though limited relief is sometimes available in narrow circumstances — which is a far harder and more expensive position to argue from than simply responding on time.
What We Prepare for Tenants
We prepare unlawful detainer responses for tenants throughout Los Angeles County at a flat, disclosed fee — including the Answer, demurrers, motions to quash service, and motions to strike. These are legitimate procedural filings, and they also have the practical effect of extending your timeline while you decide your next step. What we cannot do is tell you which defense to raise or represent you in court; where a case needs an advocate, we refer to attorneys we've worked with for years, at no commission to us.
Frequently Asked Questions
How many days do I have to respond to an unlawful detainer in Los Angeles?
You have 10 court days from the date you were served, not 10 calendar days. Court days exclude weekends and court holidays. This deadline was extended from 5 court days by AB 2347, effective January 1, 2025. If it lands on a day the court is closed, it moves to the next court day.
What happens if I don't respond to an unlawful detainer summons?
The landlord can request entry of your default. Once entered, the landlord can obtain a default judgment without a trial, the court issues a writ of possession, and the sheriff can post a lockout notice. Missing the deadline is the single most common reason tenants lose an eviction case that they might otherwise have contested.
What's the difference between an Answer, a demurrer, and a motion to quash?
An Answer (form UD-105) responds to each allegation in the complaint and raises your defenses; it's the standard response. A demurrer argues the complaint itself is legally defective on its face and asks the court to dismiss or require it be fixed. A motion to quash argues you were never properly served in the first place and asks the court to throw out the case on procedural grounds. Which one fits depends on the facts of your case.
Can I get help paying the court filing fee?
Yes. If you cannot afford the filing fee, you can file a Request to Waive Court Fees (form FW-001) along with your response. If approved, the court waives the filing fee and several other costs, including fees for a jury trial.
Do I need a lawyer to respond to an unlawful detainer?
Not necessarily. A registered legal document assistant can prepare your Answer, demurrer, or motion to quash based on the facts you provide, at a flat fee well below attorney rates. What an LDA cannot do is tell you which defenses to raise or represent you at trial. A free consultation can tell you quickly which situation you're in.
Can I still be evicted if I fix the problem after being served?
Sometimes. For nonpayment of rent, California law generally lets you stop the eviction by paying the full amount demanded before judgment in many cases, though the safest path is doing this immediately and documenting it, not waiting. For lease violations, whether curing the problem stops the case depends on the notice type and the facts. This is exactly the kind of question worth a free case review before you decide your next step.
Should I move out instead of fighting the case?
That depends entirely on your situation, and it's a decision only you (or your attorney) can make. Filing a timely response preserves your options and often buys time even if you ultimately move, while doing nothing guarantees a default judgment and the fastest possible lockout. A free consultation reviewing your notice and summons can lay out what each path realistically looks like before you decide.