California tenants now have 10 days to respond to an eviction lawsuit

With a new law effective January 1, tenants in California now have twice as much time to respond to an eviction lawsuit. Going forward, tenants have 10 days to file their response, a notable increase from the previous 5-day period.

The change will give more time for tenants to seek legal assistance from an attorney, to draft a response with better legal defenses, and to file that response with the court.  

“Those extra five court days can mean everything to a family facing eviction,” ICLS Housing Practice Group Director Veronica Garcia said. “They’re the difference between a rushed default judgment and a meaningful chance to assert your rights. For ICLS and other legal aid organizations stretched thin, it’s precious time to reach more tenants, review their cases, and help them access resources.” 

“Every day matters when someone’s home hangs in the balance.” 

An eviction is a lawsuit filed by a landlord that begins court proceedings for an eviction. If a tenant is served with an eviction, they must file the answer form in writing within the response period, complete with denials, defenses, and objections.

If a tenant does not file a response, the court can grant a “default” judgement in favor of the landlord. According to CalMatters, an estimated 40% of eviction cases in California end in such a judgement due to unfiled or incorrectly filed paperwork.  

The default ruling leaves tenants no room to negotiate with the landlord and will make it harder for the tenant to find future housing with an eviction on their record. 

For many who are served with an eviction lawsuit, time is a luxury, and between work, childcare, and travel, it could take the entire 5 days to find and meet with an attorney or research their options for defense or settlements. Even though eviction suits still move faster than most regular court cases, this 10-day response will benefit those who are already struggling to get by and help them defend their rights. 

If you were served an eviction lawsuit before the new law went into effect, you must still abide by the 5-day response period.