Receiving a Summons and Complaint means your landlord has started an eviction case in court. This is different from receiving an eviction notice from your landlord.
The court papers tell you that a lawsuit has been filed and explain what the landlord is asking the court to do.
Look for These Documents
An eviction case will generally include:
Summons — Unlawful Detainer (SUM-130)
The Summons tells you that an eviction case has been filed and that you need to respond.
Complaint — Unlawful Detainer (UD-100)
The Complaint explains why the landlord is asking the court to evict you and what the landlord is asking the court to order.
Read both documents carefully. Check the names, address, dates, and the reasons stated for the eviction.
Your Response Deadline Is Important
If you were handed the Summons and Complaint, California Courts currently states that you generally have 10 court days to file an Answer. Saturdays, Sundays, and court holidays are not counted. Different service methods can give you a different deadline.
If the papers were served by substituted service or posting and mailing, different timing rules apply.
Do not assume your deadline based only on the date printed on the court papers. The way you were served can affect when your response is due.
The Answer
The most common written response to an eviction Complaint is the Answer—Unlawful Detainer (UD-105).
The Answer gives you an opportunity to respond to the statements in the Complaint and identify issues you want the court to consider.
Your Answer should be based on the facts and circumstances of your situation. Read the Complaint carefully before completing it.
What Should You Do Now?
Keep every page you were served.Write down the date and manner in which you received the papers.Identify the court listed on the Complaint.Determine your response deadline.Read the Complaint carefully.Begin preparing your response as soon as possible.Check your court’s instructions for filing and local requirements.
Don’t Wait
An eviction lawsuit moves quickly. If you don’t file a response by the applicable deadline, the court may decide the case without hearing your side.
If you have received a Summons and Complaint, this is the time to move from simply understanding the eviction process to preparing your response.
CaliforniaEvictionHelp.expert can help you understand the court documents and prepare the information needed for your response.