Frequently Asked Questions
1. How long does the California eviction process take?
On average, an unlawful detainer case in California takes 30–45 days, but the timeline can change based on:
- whether the notice was valid,
- whether the tenant files an Answer,
- backlogs in the local court,
- whether the case goes to trial.
Cases with procedural defects can take much longer—or be dismissed entirely.
2. How much time do I have to respond to an eviction lawsuit?
Tenants usually have 10 court days after being served to file an Answer or other response. Failure to respond allows the landlord to seek a default judgment, which speeds up the eviction.
3. Can I be evicted if I already paid the rent?
Often, no. If the landlord filed a nonpayment case after rent was paid or partially paid, the eviction may be dismissed. Tenants may have strong defenses if they:
- paid the rent on time,
- paid within the 3-day notice period,
- offered payment but the landlord refused it.
Proof such as receipts, bank records, or messages can be critical.
4. What happens if the landlord served the wrong notice?
A defective notice is one of the strongest eviction defenses in California. If a notice:
- demands the wrong amount,
- gives the wrong number of days,
- includes illegal fees,
- is unclear or confusing,
- lacks required statutory language,
then the entire eviction must be dismissed.
5. Can habitability problems stop an eviction?
Yes. Under California law, tenants can argue breach of the warranty of habitability if the landlord failed to provide safe and livable conditions, such as:
- no heat,
- mold,
- broken plumbing,
- vermin infestations,
- exposed wiring or dangerous conditions.
Generally habitability issues can justify reduced rent, but the remaining owed rent must be paid shortly after trial or the tenant is evicted anyway.
6. Can a landlord evict me for complaining about repairs?
If you are current on rent, often no. Tenants are protected against retaliatory eviction. If an eviction is filed within six months of:
- reporting code violations,
- requesting repairs,
- joining a tenant union,
- exercising legal rights,
the law presumes retaliation.
7. Can a landlord evict me without a reason?
If your apartment is covered by rent control or just cause laws, as most are in Los Angeles and Santa Monica
no, a landlord must have a legally valid reason.
Common valid reasons include:
- nonpayment of rent,
- breach of lease,
- nuisance,
- owner move-in (with strict requirements).
If the landlord cannot prove a legally recognized ground, the eviction may fail.
8. What if I never received the eviction notice?
Improper service is a major defense. If the landlord did not serve the notice or lawsuit correctly, the tenant can argue:
- lack of notice,
- improper substituted service,
- missing or wrong service dates,
- fraudulent proof of service.
A case can be dismissed for defective service.
9. Can my landlord lock me out without going to court?
No. "Self-help" evictions—changing locks, shutting off utilities, removing doors—are illegal in California.
Tenants may be entitled to:
- damages,
- penalties,
- attorney fees.
A landlord must win a court judgment and obtain a sheriff-issued lockout.
10. What should I do if I want to fight my eviction?
Tenants defending an eviction should:
- Read the notice carefully.
- Document everything (photos, emails, texts, repair requests).
- File an Answer within 5 days—never ignore a lawsuit.
- Gather evidence of defenses, such as habitability problems or payment records.
- Seek legal help immediately.
Acting quickly is essential because the California unlawful detainer process moves faster than most civil cases.
