The Unlawful Detainer

Assuming that the three days has passed, the landlord will file an unlawful detainer action in superior court. In California, the courts offer a form-fillable version. Since the landlord will file the lawsuit, he is the plaintiff or petitioner and the tenant is the defendant or respondent. The plaintiff must be served with the complaint (the lawsuit). Contrary to popular belief,  in an unlawful detainer action, justice is swift. The tenant usually only has five days to file a response to the complaint. The five days begins when the landlord serves the unlawful detainer summons and complaint on the tenant.

However, I have been told that occasionally unscrupulous landlords will file the summons and complaint with the court but not serve it. They will commit perjury by telling the court that it was served and request a default judgment against the tenant. Thus the tenant automatically looses his case and the sheriff will post a five-day notice to vacate the rental unit.


The tenant's response to the complaint is called an answer. If the tenant fails to respond, the landlord will go to the court and ask for a default judgment. This means that the landlord wins the lawsuit because the tenant did nothing, obviously this is not a desirable position. Thus, it is best to file and answer to the complaint.

After the tenant files his answer with the court, the court clerk will set a date for a hearing. At the hearing, the trial judge will listen to both the landlord and the tenant and allow each to present evidence. If the landlord wins the court will issue a writ of possession. This means that the tenant will have five days to leave to rental property before the sheriff throws him out.

So if the tenant is served with an unlawful detainer complaint, he will want to file and answer in the court and raise defenses.