Some California evictions proceed by default: the tenant does not file a response in time, the landlord requests a default judgment, and the case moves to the writ and the lockout. But when a tenant files an answer, the eviction becomes a contested unlawful detainer. The case is litigated, it takes longer, and the tenant can raise defenses that, if proven, can defeat it. This article focuses on residential evictions; commercial unlawful detainers follow different rules (see our guide to commercial evictions). Here is what a contested case looks like, the defenses tenants raise, and what a landlord should have ready.
Contested or uncontested: the fork in the road
After you serve the unlawful detainer summons and complaint, the tenant has a limited time to respond. Under Code of Civil Procedure section 1167, the response is generally due within 10 days, excluding weekends and judicial holidays, after the complaint is served, with additional time when service is completed by mail or through the Safe at Home program. Because the deadline depends on the service method, do not request a default until you have calculated it from the actual proof of service. What the tenant does next decides the path:
- No response in time: you can request a default and a default judgment for possession, if the papers and proofs are accepted by the court. That path usually involves fewer litigation steps, though the timing still depends on service, court processing, sheriff scheduling, and any post-judgment filings.
- An answer: the case is contested and at issue, and either side can ask the court to set it for trial.
A response can also be a demurrer or a motion to strike, which challenge defects in the complaint, or a motion to quash, which challenges defective service or personal jurisdiction rather than the merits.
The defenses a tenant can raise
A contested case can involve merits defenses, procedural challenges, possession that stays unresolved until judgment and lockout, and settlement discussions. Many unlawful detainer defenses turn on strict compliance with the notice, the service, and the rent demand. Others turn on substantive issues like habitability or just cause, and local or subsidized-housing rules can change the analysis. This list is not exhaustive, but it covers the common ones:
- Defective notice. Under Code of Civil Procedure section 1161(2), a three-day pay-or-quit notice has to state the rent due and the payment details. In Eshagian v. Cepeda (2025) 112 Cal.App.5th 433, the court held that a three-day notice failed to state a valid claim because it did not make clear the payment deadline, how and where to pay, and that the tenant would lose possession if the default was not cured in time. A pay-or-quit notice has to state the tenant and address, the exact rent owed, the deadline, and how and where to pay.
- Wrong amount demanded. A three-day pay-or-quit notice should demand only rent, not late fees, utilities, damages, or other non-rent charges, unless the lease and the governing law clearly treat the charge as rent and counsel has approved the notice.
- Improper service of the notice or of the summons and complaint.
- Habitability. In a residential nonpayment case, a tenant who proves a substantial habitability breach affecting health or safety can reduce or defeat the rent claim (Green v. Superior Court). Civil Code section 1942.4 can also bar demanding rent or serving a pay-or-quit notice, but it is narrow: it generally requires substandard conditions, written notice from a public inspector, and more than 35 days without repair, among other conditions.
- Retaliation or discrimination. Evicting in retaliation for a tenant exercising their rights (Civil Code section 1942.5), or based on a protected characteristic or source of income under fair housing law, is a defense.
- Waiver. Accepting rent after a notice can create a waiver argument, depending on the notice type, the timing, how much was accepted, and whether the landlord reserved rights in writing.
- Just cause. For units covered by Civil Code section 1946.2 (generally after 12 months of occupancy), the notice must state a valid just cause. For a no-fault termination, the landlord must also provide the required relocation assistance or final-month rent waiver, and local ordinances can be stricter. Santa Ana, for example, requires three months of relocation or rent waiver for covered no-fault terminations.
- Social Security hardship. Civil Code section 1946.3, added by AB 246, creates a narrow defense in residential nonpayment cases through January 20, 2029, when a tenant's Social Security benefits were delayed, reduced, or ended by the action or inaction of the federal government, through no fault of the tenant, and that caused the nonpayment. If proven, it pauses the case for a limited time rather than forgiving the rent.
In a contested case, counsel usually starts with the notice, the proof of service, the rent ledger, the lease, any local-ordinance compliance, the habitability record, and any payments made after the notice.
Motions and discovery
A contested case can involve motions and discovery before trial:
- A demurrer argues the complaint is legally insufficient, and a motion to strike attacks parts of it. In an unlawful detainer, these are generally heard 5 to 7 court days after filing, subject to a court-ordered later date (Code of Civil Procedure section 1170). A motion to quash, which challenges service of the summons, has its own short timing under section 1167.4.
- Discovery is available, on much shorter timeframes than an ordinary civil case. Interrogatory responses, for example, can be due in five days rather than thirty (Code of Civil Procedure section 2030.260), so have your rent ledger, the notices and proofs of service, repair records and photos, communications with the tenant, and your witnesses ready from the start.
- The tenant can demand a jury, which adds preparation and cost. See our guide to what a jury demand means.
What a contested case looks like
Once the tenant files an answer, either side files a request to set the case for trial. Under Code of Civil Procedure section 1170.5, trial must be held within 20 days of that request unless the time is extended under the statute, and motions, jury procedures, or the court's calendar can affect the date. After a judgment for possession, you still need the writ of possession and the sheriff's lockout, which begins with a five-day notice the sheriff posts on the property.
The statutes set short deadlines, but the total time varies a lot. An uncontested case may be shorter than a contested one, but the actual timeline depends on the service method, any motions, the court's calendar, a jury demand, any stays, sheriff scheduling, and settlement. No timeline or outcome is guaranteed. For the step-by-step version, see the California eviction timeline.
What a landlord should have ready
You cannot stop a tenant from filing an answer. What you can control is the quality of the record you bring to court: the notice, the service, the ledger, the lease, local compliance, and the repair history. Before and during a contested case, have these reviewed:
- The notice: the right type for the situation, correctly worded and served.
- The proofs of service for the notice and the summons and complaint.
- The rent ledger: accurate, with no improper charges, plus any payments made after the notice.
- The lease and any addenda, and your ownership and standing to bring the case.
- For covered units, the AB 1482 just-cause or exemption analysis and any local-ordinance requirements.
- Habitability records: repair requests, work orders, inspections, and dated photos.
- The deadlines: motion and discovery responses come fast in an unlawful detainer.
Settlement may be considered when the facts, the costs, the risks, and the possession timeline make it appropriate. That decision depends on the case.
Talk to a California eviction attorney
If your tenant has answered, filed a motion, or demanded a jury, the case is now litigation and the deadlines move quickly. Court and sheriff practices also vary across Orange, Riverside, and San Bernardino counties, and some cities (such as Santa Ana) add their own rules. Steven D. Silverstein represents landlords in Orange County and the Inland Empire and has been a member of the California State Bar since 1979 (Bar No. 86466). For advice on responding to a contested eviction, call 714-832-3651. No attorney can guarantee a timeline or an outcome.
Last reviewed June 2026. This article is general information for California landlords and is not legal advice for your situation. Confirm the current rules and deadlines for your case before you act.