What happens if your tenant files a response
After you serve the Summons and Complaint forms, your tenant has:
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10 days to file a response if they were served in person, or
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20 days if they were not served in person.
If your tenant responds, your next step depends on what they filed.
Jump to:
If your tenant filed an Answer
An Answer means your tenant is going to participate in the eviction case and have the chance to tell their side in court at a trial.
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The tenant must send you a copy of their Answer.
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If you don’t get a copy, you can check at the courthouse to see if one was filed.
How to ask for a trial date
If your tenant filed an Answer:
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File a Request to Set Case for Trial – Unlawful Detainer (form UD-150) at the court clerk’s office.
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Mail a copy of the request to the tenant. Have your server fill out the Proof of Service section on the back of the form.
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The court clerk will mail you a notice with the trial date.
📌 Note: Your tenant can also file a Counter-Request to Set Case for Trial (form UD-150) if they disagree with your request. For example, they may ask for a jury trial. You also have the right to request a jury trial.
You and your tenant both have the right to ask for a jury trial.
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It costs $150, unless you file a fee waiver. Learn how to ask for a fee waiver.
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There may be other costs, depending on your court.
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To ask for a jury trial, check the box that says you want to request a jury trial on the Request to Set Case for Trial (form UD-150).
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If you don’t, your tenant can still file a Counter-Request to Set Case for Trial (form UD-150) to ask for one.
If your tenant filed something else
Sometimes, instead of an Answer, your tenant may file a legal motion. These are more complicated than an Answer.
Motion to Quash Service
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Your tenant may file a Motion to Quash Service if they think you didn’t serve the Summons and Complaint to them properly.
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If the tenant wins, you’ll need to re-serve the forms.
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If you win, the tenant must quickly file an answer.
Demurrer
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Your tenant may file a Demurrer to argue that your Complaint doesn’t include all the facts or legal requirements to prove they should be evicted.
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A Demurrer can delay the case for a few weeks.
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If the tenant wins, you may need to start the case over or serve a new notice.
⚖️ Get legal help: If your tenant files a Motion to Quash or a Demurrer, talk to a lawyer or your local self-help center. These things can be complex, and you’ll need to take the right steps to avoid delays and keep your case moving forward.
If your tenant didn't file a response
If the deadline passes and your tenant didn’t respond, your next step is to ask the court for a default judgment. This means the judge can decide your case without a trial. Learn about default judgments.
Key takeaways
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After being served, tenants have 10–20 days to respond.
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If they file an Answer, you must request a trial date using form UD-150.
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If they file a motion (Demurrer or Motion to Quash), get legal help right away.
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If they don’t respond, you can ask the court for a default judgment.