You have 5 calendar days from the date you were served the unlawful detainer summons to file a written answer with the court. Miss that window and the landlord gets a default judgment — you lose without ever getting a hearing.
That's not a typo. Five days. Not five business days, not five weeks. California's unlawful detainer process is intentionally fast, and tenants who don't act immediately lose by default. This guide walks you through exactly what to do, what defenses you have, and how to file your UD-105 Answer before the clock runs out.
What Is an Unlawful Detainer?
An unlawful detainer (UD) is California's fast-track eviction lawsuit, governed by Code of Civil Procedure §1161 et seq. Unlike a standard civil case that can take months or years, a UD case moves in days. From filing to trial, the entire process can be over in three to four weeks.
A few critical things to understand about UDs:
- It only covers possession. The UD lawsuit determines who gets to stay in the rental unit. If your landlord also wants to recover unpaid rent beyond what's in the complaint, that's a separate civil action.
- The timelines are compressed. Answer deadlines, service requirements, and trial dates are all much shorter than regular civil cases.
- The court can rule quickly. Trial is typically set within 20 days of the answer being filed under CCP §1170.5. There's no extended discovery period.
Understanding what you're dealing with is the first step. Now let's talk about the deadline.
The 5-Day Clock (CCP §1167)
Once you are served with the UD summons and complaint, the clock starts. Under CCP §1167(a), you have 5 calendar days to file a written answer if you were personally served in California.
This is where many tenants make a costly mistake: they think the deadline works like regular civil cases where you get 30 days. It does not.
Key rules:
- Personal service in California = 5 calendar days from the date on the proof of service
- Substitute service or mail service = extended deadline under CCP §1013 (add 5 days for mail; court calculates the total)
- Weekends and court holidays do NOT extend a personal service deadline. If you were personally served on a Wednesday, Day 5 is Monday — file by Monday.
Pro tip: Count carefully. The day of service is Day 0. Day 1 is the day after service. If you were served on a Thursday, count: Friday (Day 1), Saturday (Day 2), Sunday (Day 3), Monday (Day 4), Tuesday (Day 5). Your answer is due Tuesday.
If the court is closed on Day 5, you may file on the next court day — but don't rely on this. File as early as possible. Losing your home over a miscounted deadline is avoidable.
What Happens If You Don't Respond?
If you miss the answer deadline, the landlord's attorney files a request for entry of default. The court clerk enters it, and the judge then enters a default judgment for possession. From there:
- Writ of possession issued — the court issues a writ authorizing the sheriff to remove you
- Sheriff lockout — typically within 5 days of the writ being issued, the sheriff posts a 5-day notice to vacate, then returns to enforce it
- Judgment on your record — the default judgment for rent and court costs appears in civil court records and is often reported to credit bureaus and tenant screening databases
A UD default judgment follows you. Many landlords and property managers run UD search databases that go back years. Responding to the lawsuit — even if your case is difficult — is almost always worth it.
Your Options Before Filing an Answer
Before you fill out the UD-105, consider whether one of these alternatives applies:
Pay rent in full. If the UD is based on nonpayment of rent, CCP §1161.1 requires the landlord to accept full payment of all rent owed before a UD judgment is entered. If you can pay everything owed, do it immediately and get a receipt. The landlord cannot refuse and proceed with the UD.
Negotiate a stipulated agreement. Some landlords and their attorneys will agree to a written stipulation — a payment plan, a move-out date, or some other resolution — to avoid a contested trial. If you reach an agreement, get it in writing and make sure a judge signs it so it's enforceable.
File a demurrer. If the UD complaint itself is legally defective — wrong defendant named, missing elements, improper form — you can file a demurrer challenging the sufficiency of the complaint. This is an advanced procedural move with limited use cases. Most tenants should file the UD-105 Answer instead.
File the UD-105 Answer. This is the standard path for most tenants and the focus of this guide.
Step-by-Step: Filing the UD-105 Answer
Step 1: Get the UD-105 form
Download the UD-105 (Unlawful Detainer — Answer) from the California Judicial Council website at courts.ca.gov. It's a free, fillable PDF.
Step 2: Read the UD-100 complaint carefully
The landlord filed a UD-100 (Unlawful Detainer — Complaint). Read every page before you fill out your answer. You need to know:
- The stated reason for the eviction (nonpayment, lease violation, end of tenancy, nuisance, etc.)
- The specific notices alleged (3-day, 30-day, 60-day)
- The amounts claimed
- How and when service is alleged
You cannot respond effectively to a complaint you haven't read.
Step 3: Identify your defenses
The UD-105 includes a list of checkboxes for common tenant defenses. Check every box that honestly applies to your situation. (See the full defenses section below for explanations of each.)
Step 4: Complete the form
Fill out all required fields — your name, the landlord's name, the case number from the summons, the court name and address, and the boxes for your defenses. You can also write additional facts in the declaration section.
Step 5: File at the correct court
File the UD-105 at the same courthouse where the UD was filed (shown on the summons). Pay the filing fee — typically $225–$370 depending on the amount claimed — or submit a FW-001 fee waiver application if you qualify based on income.
Step 6: Meet the deadline
File before the 5-day deadline (personal service) or the extended deadline if you were served by substitute service or mail under CCP §1013. Do not wait until the last minute — file at least a day early if possible.
Step 7: Serve the landlord's attorney
After filing, mail a copy of your filed UD-105 to the landlord's attorney (or the landlord directly if they're unrepresented). Mail is sufficient for this step after initial service. Keep your certificate of mailing.
Step 8: Appear at your trial date
Under CCP §1170.5, trial is set within 20 days of the answer being filed. You will receive a trial date notice. Show up. If you don't appear, the landlord wins by default even though you filed an answer.
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Common Defenses on the UD-105
The UD-105 form includes checkboxes for the defenses most commonly raised in California eviction cases. Here's what each one means:
Improper Notice
The landlord was required to serve you a proper written notice before filing the UD — typically a 3-day notice to pay rent or quit, a 3-day notice to cure or quit, a 30-day notice, or a 60-day notice under CCP §§1161 and 1946.1. If the notice was served improperly, addressed to the wrong person, contained incorrect amounts, or didn't comply with statutory requirements, the UD may be defective.
Landlord Accepted Rent After Serving Notice
If the landlord accepted any rent payment after serving the 3-day notice, they may have waived the right to proceed on that notice. This is a strong defense if you have evidence of the payment (check cleared, bank statement, receipt).
Retaliatory Eviction (Civil Code §1942.5)
California Civil Code §1942.5 prohibits landlords from evicting tenants in retaliation for exercising protected rights — filing a habitability complaint, contacting code enforcement, organizing with other tenants, or asserting rights under the lease. If the UD was filed shortly after you complained about conditions or exercised a legal right, this defense applies.
Habitability Defense (Civil Code §1941)
Under Civil Code §1941, landlords must maintain rental units in habitable condition. If your unit has serious habitability problems — no heat, water intrusion, rodents, mold, broken plumbing — you may have had the right to withhold rent lawfully under Civil Code §1942, or to raise habitability as an affirmative defense in the UD.
Noncompliance with Local Ordinances or COVID Protections
Some cities and counties have local rent control ordinances or just cause eviction protections that impose additional requirements on landlords. If the landlord failed to comply with a local ordinance — or failed to serve required COVID-era notices — that's a defense.
Improper Service of the UD Summons (CCP §415 et seq.)
The UD summons and complaint must be served in accordance with CCP §415 et seq. If service was improper — left with an unauthorized person, served at the wrong address, or otherwise defective — the court may lack personal jurisdiction.
Rent Was Paid in Full Before UD Was Filed (CCP §1161.1)
Under CCP §1161.1, if you tendered full payment of all rent owed before the UD was filed, the landlord cannot proceed. Document the tender — a bank wire, cashier's check, or written offer with proof of funds.
No Just Cause Under AB 1482 (Civil Code §1946.2)
If your rental unit is covered by California's Tenant Protection Act (see next section), the landlord must have "just cause" to evict. If they lack just cause and the unit is covered, the UD is legally defective.
AB 1482 Just Cause Protections (Civil Code §1946.2)
California's Tenant Protection Act (AB 1482), codified at Civil Code §1946.2, applies to most rental units that are 15 or more years old (the age of the building, not your tenancy). For covered units, landlords must have "just cause" to terminate a tenancy after a tenant has been in possession for 12 months.
Just cause comes in two types:
- Fault-based causes (tenant did something wrong): nonpayment of rent, lease violations, nuisance, criminal activity, refusal to sign a new lease with similar terms
- No-fault causes (landlord wants the unit back): owner move-in, substantial remodel, demolition, withdrawal from rental market (Ellis Act)
No-fault evictions require relocation assistance. The landlord must pay one month's rent as a relocation fee before the tenancy terminates.
Common exemptions from AB 1482:
- Single-family homes where the owner notified the tenant in writing of the exemption at the time of the lease
- Condominiums where the owner provided written notice of the exemption
- New construction less than 15 years old
- Units subject to stricter local rent control ordinances (local law controls)
If you believe your unit is covered and the landlord lacks just cause, check the "no just cause" box on the UD-105.
What to Bring to the Trial
If your case goes to trial (usually a short bench trial — no jury), bring:
- All receipts for rent payments — especially the period at issue; bank statements showing cleared rent checks
- Lease or rental agreement — the original, plus any amendments
- All notices you received — the 3-day notice, any prior notices, and your copy of the UD summons
- Your filed UD-105 Answer — a copy for you, one for the judge
- Photos of habitability issues — if habitability is a defense, dated photos with metadata intact
- All written correspondence with the landlord — emails, texts, letters; print and organize by date
- Any evidence of payment tender or waiver — screenshots of Venmo/Zelle, bank records, texts from the landlord acknowledging receipt
Organize everything chronologically before trial. Judges in UD cases move fast. Be ready to present your evidence concisely.
Common Mistakes That Cost Tenants Their Case
1. Missing the 5-day deadline. This is the single most common way tenants lose. No answer = default judgment. Count carefully and file early.
2. Not reading the UD-100 before completing the UD-105. Your answer needs to respond to the specific claims in the complaint. If the landlord says you owe $2,800 in back rent and you dispute that, say so — with specifics.
3. Leaving defense checkboxes blank when defenses apply. The UD-105 has checkboxes for a reason. If you have a habitability defense or a notice defect, check the box. Leaving it blank is the same as waiving it.
4. Not appearing at the trial date. Filing an answer preserves your right to a hearing. Failing to show up forfeits it. Mark the trial date immediately and protect it.
5. Confusing the 3-day notice deadline with the UD summons deadline. The 3-day notice to pay rent or quit is a pre-lawsuit document. It is NOT the lawsuit. The 5-day answer clock starts from the date you were served the UD summons — a separate court document. Some tenants think responding to the notice or paying within 3 days is the same as filing an answer. It is not.
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Bigfirmlit is a non-attorney, self-help legal document preparation service registered as a Legal Document Assistant (LDA) in the State of California. We are not attorneys and do not provide legal advice. The information on this page is for general educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed California attorney.