Receiving notice that your landlord has filed an unlawful detainer lawsuit can feel like the ground is shifting beneath your feet. In California, eviction is a legal process—and once the paperwork is served, the clock starts ticking fast. You typically have just five business days to respond. Missing that window can result in a default judgment and the loss of your home.
At Law Offices of Terrence Fantauzzi, we work with tenants across Southern California to help them navigate this process with clarity, urgency, and strategy. Here’s what you need to know if you’ve just been served with an unlawful detainer—and what you can do to fight back.
Five Days Means Five Days—No Extensions
Once you’ve been served, California law gives you five business days to respond. That means weekends and court holidays don’t count, but there are no extensions or grace periods. If you don’t file an official response in time, the landlord can ask the court for a default judgment. This could lead to a lockout by the sheriff within just a few days.
The takeaway? Time is your most valuable asset. Use it wisely.
You Have Defenses—But Only If You Assert Them
Many tenants assume that if they’re behind on rent, there’s no use fighting an eviction. Not true. There are numerous legal defenses that may apply to your situation, including:
- Improper Notice: If the landlord failed to serve you with a valid written notice before filing the lawsuit, the case could be dismissed.
- Retaliatory Eviction: If you recently complained about unsafe conditions or exercised your tenant rights, the eviction may be illegal.
- Habitability Issues: If your landlord failed to maintain the unit in livable condition, you may have a strong defense.
- Procedural Errors: Landlords must follow very specific rules for serving documents and filing paperwork—any misstep can affect the case.
An experienced attorney can help you determine the best defense strategy based on the facts of your case.
Filing a Response Is Not Just a Formality
Your response—called an “Answer”—is your first opportunity to tell your side of the story. This document must be filed with the court and served on the landlord (or their attorney) within the five-day window. It should include any defenses you’re asserting and any legal reasons the court should deny the eviction.
The way this document is written matters. Generic or incomplete answers can limit your ability to raise arguments later. At Law Offices of Terrence Fantauzzi, we help tenants craft detailed, strategic responses that set the stage for a strong defense in court.
The Settlement Option: Know When to Negotiate
Not every eviction case goes to trial. In many cases, it’s possible to negotiate a settlement that gives you more time to move out or avoids an eviction on your record. Some agreements even allow tenants to stay in the unit under certain conditions.
But here’s the key: never sign a stipulation or settlement agreement without having a lawyer review it. These agreements are binding and can have long-term consequences if not worded carefully.
Eviction Records Follow You
A court judgment in an eviction case becomes part of your public record—and can seriously affect your ability to rent in the future. Even if you ultimately win or settle, the mere filing of an unlawful detainer can show up on background checks.
That’s why it’s so important to fight back early and fight smart. A skilled attorney may be able to get the case dismissed or resolved in a way that keeps your record clean.
Don’t Wait to Get Help
If you’ve been served with an unlawful detainer, every minute counts. Don’t try to navigate the process alone. Contact Law Offices of Terrence Fantauzzi at (909) 552-1238 as soon as possible. Our legal team understands California tenant protections and will fight to protect your housing, your rights, and your future.