What to Expect at Eviction Court in California

Facing eviction can be stressful, especially if you’ve never been to court before. If you're a renter in California, understanding how eviction court works and what your rights are under the law can help you feel prepared and confident throughout the process.

Understanding the Eviction Process in California

Eviction in California is also known as an "unlawful detainer" action. This legal procedure must follow strict rules set by state law to protect both tenants and landlords. The court that handles these cases is your local branch of the California Superior Court.

• Notice from your landlord: The process starts when your landlord gives you an official written notice (such as a 3-Day Notice to Pay Rent or Quit).
• Filing in court: If you do not move out or correct the issue, the landlord can file an eviction lawsuit (unlawful detainer) against you.
• You receive court papers: You'll be served with a Summons and Complaint and must respond, usually within 5 days.
• Court hearing: If the case isn't settled, it moves to a formal court hearing.

The key law that governs this process is the California Code of Civil Procedure sections 1159-1179a.^[1]

Key Forms in the California Eviction Court Process

Several official California court forms are used during an eviction case. Knowing what they are and how to use them can help you protect your rights.

• Summons – Unlawful Detainer-Eviction (SUM-130): This form notifies you that a legal eviction case has been started against you and tells you how many days you have to respond. Example: If you get a SUM-130, you usually must respond within 5 days. Download from California Courts.
• Complaint – Unlawful Detainer (UD-100): This form outlines why your landlord is seeking eviction. Example: Review it carefully to see the reason for the eviction and check for any inaccuracies. Download from California Courts.
• Answer – Unlawful Detainer (UD-105): Use this form if you want to contest the eviction or tell your side of the story. Example: Submit UD-105 within 5 days of being served if you disagree with the eviction. Download from California Courts.
• Request to Waive Court Fees (FW-001): If you can’t afford court filing fees, file this form to ask for a waiver. Example: If paying the fee would make it hard to pay rent or buy food, submit FW-001 with your court paperwork. Download from California Courts.

What Happens at the Eviction (Unlawful Detainer) Hearing?

Once you've responded, the court will schedule a hearing, usually within 20 days. At the hearing, you and your landlord will each have a chance to present your side, bring evidence, and answer the judge’s questions. The judge will decide whether you must move out or can stay.

How Tenants Can Prepare for Court

Preparation helps you make the strongest case possible. Here’s what you can do:

• Read all documents you receive carefully
• Complete and file the Answer (UD-105) form within 5 days if you want to contest the eviction
• Gather your records, including the lease, photos, receipts, written notices, and any communication with your landlord
• Consider bringing witnesses if someone else saw what happened

Your Rights and What to Expect During the Hearing

At the hearing, both you and your landlord will have time to speak. You can:

• Present your evidence
• Call witnesses
• Ask the landlord questions
• Explain any defenses you have (such as the landlord failing to make necessary repairs)

If you need help understanding the court process, you can contact your local superior court’s self-help center. Many courts also offer remote appearances by phone or video.

After the Court Decision

The judge may decide immediately or mail you a decision. If the ruling is in the landlord’s favor, you’ll get a Notice to Vacate from the sheriff. If you win, you may get to stay in your home and possibly collect court costs.

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