Know Your Rights as a California Tenant: Evictions

Act immediately if you get eviction-related court documents.

To start an eviction case, your landlord has to serve you with court documents called a “Summons” and a “Complaint.” If you receive any court document related to an eviction, get legal help right away.

• Once your landlord serves you with court documents, you will have only 5 business days to file a response in court.
• If you fail to file a response in court within 5 business days, your landlord may win automatically by getting a default judgment against you. o If you do respond, your landlord (or you) can ask for a trial. The court will mail you a letter with your court date. If you don’t hear about a court date after a week, call or visit the court clerk’s office to see if a court date has been scheduled.
• For more information about eviction trials, visit the California Courts’ webpage on eviction trials.
• If your landlord wins their eviction case, the court can order you to pay the landlord money and a Sheriff or Marshal can make you move out after posting a notice on your door. The fact you were evicted can be on your credit record for 7 years.