Before you start
The form you need to respond to an eviction case isAnswer- Unlawful Detainer-Eviction (form UD-105).
We strongly recommend you read the instructions below before filling it out. Forms can be complex and include unfamiliar legal terms.
If you make a mistake on the Answer form, you could be evicted just because you didn't fill it out right.
Figure out the deadline to file your Answer or other response
You have 5 days to file an Answer form or other response after you’re handed (served) the Summons and Complaint forms.Don't count Saturdays, Sundays, or court holidays. Day 1 is the day afterthe Summons and Complaint werehanded to you.
Ifsomeone handed the forms to you (even if you didn't take them and they were just left on the ground near you), you have 5 days to file anAnswer.
You have more time to file anAnswer if:
- The forms were given to someone at your home or work instead of you and then a copy was mailed to you (this is calledsubstituted service)
- A copy was posted at your home and a copy was mailed to you (this is calledservice by posting)
If you were served by substituted service or service by posting:
You have15 daysafter the server mailed theSummonsandComplaintto youto file anAnswer.
- The mailing date is the postmark date.
- Day 1 is the day after the server mailed theSummonsandComplaintto you.
- For the first 10 of the 15 days, count regularcalendardays (every day,includingweekends and holidays). The 10th day is the day you're considered served.
- Then you count 5courtdays.For these 5courtdays,do notcount Saturdays, Sundays, or court holidays.The 5th day is the deadline to respond to theComplaint.
Talk to aSelf-Help Center or lawyerif you have questions about the deadlines or how you were served.
If you miss the deadline to file an Answer, you may still have time
If your landlord hasn't filed the Request to Enter Default form asking the court to move the case forward without you, you can still file an Answer. But do it right away because your landlord can ask for the default any time after your deadline to file.
If you need legal helpbut don't have time to get it before the deadline to file your Answer,fill out the Answer form as best you can anyway. Explainin detail the reasons you think the law protects you from being evicted and file the Answer with the court. Get legal help before your trial even if you filed an Answer without any.
If you don't file an Answer
- Your landlord can ask the judge to decide the eviction case without hearing your side
- There won't be a trial date where you can talk to the judge
If you lose the case, your landlord can ask the sheriff to post a Notice that they will lock you out if you do not move out. It will hurt your ability to rent again by showing up on your damagedcredit record.
In some cases, you might want to file a motion
If you thinkthe landlord'sComplaintwas filled out wrong or wasserved wrong, you might file a motion to ask the court to do something about it instead of filing anAnswer. These motions are calledaMotion to Quash Serviceor aDemurrer. These aren't pre-made court forms. They're filled out on pleading paper.
Get legal help if you want to file a Motion to Quash or a Demurrer
Demurrer
ADemurreris filedto say theComplaintdoesn’t include all the facts or legal requirements to prove you should be evicted. ADemurrercan delay the case by a few weeks, and if you win, your landlord might have to start the court case all over or evengive you a new Notice.
Motion to Quash Service
AMotion to Quash Serviceis filed when you saythe landlord didn’t serve theSummonsandComplaintproperly. If you win, the landlord has to re-serve theSummonsandComplaint. If the landlord wins, you'll have to file anAnswerto theComplaintright away.
