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Your tenant files a response to the Summons and Complaint

After you serve your tenant with the Summons and Complaint forms, your tenant has 10 days to file a response with the court (or 20 days if they weren't served in person).

If they respond, your next step depends on how they respond:

Your tenant filed an Answer
Your tenant filed some other type of response

If your tenant did not file any response, learn about asking for a default judgment.

If your tenant filed an Answer, ask for a trial date

If your tenant files an Answer

This means they’re going to participate in the lawsuit and fight the eviction or at least be able to tell their side of the story in court.

If the tenant files an Answer, they need to send you a copy. You can also go to the courthouse and look up the case if you haven’t gotten anything in the mail from the tenant and want to find out if they did or didn’t file an Answer.

How to ask for a trial date

If your tenant files and serves you with an Answer, file a Request to Set Case for Trial-Unlawful Detainer (form UD-150) at the clerk's office to move your case forward.

You also have to serve the tenant by mail with a copy of the Request and have the server fill out the proof of service on the back of the Requestform.

The court clerk will then mail you a letter with your trial date.

Your tenant can also file a Counter-Request to Set Case for Trial-Unlawful Detainer (form UD-150) if they disagree with the Request you filed or, for example, to ask for a jury trial if you didn't.

You and your tenant both have a right to ask for a jury trial. It costs $150, unless you file a fee waiver. There may be other costs, too, depending on your court. To ask for a jury trial you fill out that section on the Request to Set Case for Trial form. If you don't, your tenant can still file a Counter-Request to Set Case for Trial-Unlawful Detainer (form UD-150) to ask for one. Get legal help if you either of you has asked for a jury trial.

If your tenant files something else (a motion to quash or demurrer), get legal help

In some cases, a tenant might file a motion

If your tenant thinks your Complaint was filled out wrong or was served wrong, they might file to ask the court to do something about it instead of filing an Answer. These actions are called a Motion to Quash Service or a Demurrer.

Get legal help if your tenant filed a motion to quash or a demurrer

Demurrer
A Demurrer is filed by the tenant to say the Complaint doesn’t include all the facts or legal requirements to prove they should be evicted. A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice.

Motion to Quash Service
A Motion to Quash Service is filed when the tenant says that the landlord didn’t serve the Summons and Complaint properly. If the tenant wins, the landlord has to re-serve the Summons and Complaint. If the landlord wins, the tenant will have to file an Answer to the Complaint right away.

If the tenant files either a Motion to Quash Service or a Demurrer, you should get legal help because there are steps you need to take to avoid slowing down the case, to fix any problems, and continue with the case.