A jury demand changes how an eviction case is prepared and scheduled. California gives both sides the right to a jury trial in an unlawful detainer. A jury demand can add work and may affect the timing and the settlement math, but the reason for it depends on the facts, the defenses, the lawyers, and the court's calendar. Here is what a jury demand means, what it can cost, and how to prepare.
An eviction can be decided by a jury
An unlawful detainer is a lawsuit, and either side can ask for a jury rather than a judge. The right has to be preserved, though. Under Code of Civil Procedure section 631, a jury can be waived in several ways, including not requesting it in time, not paying the required jury fees, consenting, or failing to appear. A party who wants a jury must request it and avoid waiver under section 631, commonly by making a timely request on Judicial Council form UD-150 and paying the jury fee unless it is waived. As of June 2026, the nonrefundable jury fee is $150, due at least five days before the unlawful detainer trial, and a party who cannot afford it may request a fee waiver. If a jury trial runs beyond the first day, the party who demanded the jury may also have to deposit daily jury fees and mileage, unless waived or ordered otherwise.
Why a tenant might demand a jury
There is no single reason. A jury can increase the preparation work for both sides and may affect settlement leverage, but whether a tenant demands one depends on the facts, the defenses raised, whether the tenant has counsel, and the court's calendar. A jury request can also be strategic, for example when the tenant has counsel, factual defenses, habitability claims, or disputed notice or service issues. The practical effect for a landlord is that the case may take more preparation and time than a bench trial in front of a judge.
What a jury can cost in time and money
Compared with a bench trial, a jury trial can mean:
- More attorney time for jury instructions, jury selection, and exhibits.
- Possible scheduling effects, even though unlawful detainer cases get expedited trial setting. Under Code of Civil Procedure section 1170.5, after a request to set trial, the trial must be held no later than the 20th day after that request unless a statutory extension applies.
- Potential additional unpaid rent or lost use of the unit if the tenant stays in possession during any delay. If the trial is not held within that statutory period and the court finds a reasonable probability that the landlord will prevail, section 1170.5 directs the court to set delay damages and order the tenant to pay that amount into court or escrow while the tenant remains in possession. This is not automatic. The court weighs the landlord's verified rent statement, any tenant objection, the evidence at the hearing, and any reduction-in-value or setoff issues.
- Court reporter availability, interpreter needs, daily jury deposits, and local procedures vary by county, so counsel should confirm the current local requirements.
None of that decides who wins. It changes the cost and timing of the case.
How to respond
- Treat a jury demand as a procedural step, not a verdict. It does not mean you will lose.
- Have counsel review the notice, service, rent calculation, pleadings, and any local-ordinance issues. A serious notice or service defect can keep the court from reaching the merits. In Eshagian v. Cepeda (2025), the Court of Appeal held that a defective three-day notice to pay rent or quit failed to support an unlawful detainer cause of action. A defective notice can defeat the pending case, even though the landlord may still have other remedies or may be able to start over with a proper notice depending on the facts. See our guide to the 2026 California eviction law changes.
- Weigh the economics with your attorney. Compare expected attorney fees, court costs, unpaid rent or use-and-occupancy exposure, collectability, and the timing of possession against any settlement proposal. That is a case-by-case decision.
- Be prepared to actually try the case if that is the right call.
- Watch the deadlines. Unlawful detainer timelines are compressed, and a missed step can lead to waiver, a continuance, dismissal, default, or other case-specific harm.
What to gather before you act
Whether or not a jury is in play, a complete file lets counsel test the notice, service, rent demand, pleadings, defenses, and exhibits before the deadlines compress the options. Useful to have ready:
- The notice you served and proof of how and when it was served.
- A clear rent ledger and the exact amount demanded.
- The lease and any addenda.
- Whether the unit is covered by the statewide Tenant Protection Act (AB 1482) or a stricter local ordinance.
- Any habitability records or repair history a tenant might raise as a defense.
- Communications with the tenant, including any payment refusals or offers.
- The jury-fee and fee-waiver status, and the UD-150 timing.
Preparation, not promises
A jury demand can make the case more involved and may affect scheduling and settlement posture, but it does not change the basic job: prove the right to possession under the rules that apply to the property. Before trial, counsel can check the notice language, the service method, the rent ledger, the exhibits and witnesses, the jury instructions, and any local-ordinance defenses, while the deadlines still leave room to act. Waiting until after a jury demand to bring in counsel can limit what a lawyer can fix, because notice, service, and pleading issues may already be in the record.
Talk to an Orange County eviction attorney
If your tenant has demanded a jury trial, or you want your case reviewed before it gets to that point, Steven D. Silverstein has been a member of the California State Bar since 1979 (Bar No. 86466) and represents landlords in unlawful detainer matters. For property in Orange County or the Inland Empire, call 714-832-3651.
Last reviewed June 2026. This article is general information for California landlords and is not legal advice for your situation. Confirm the current rules, fees, and deadlines for your case before you act.