First: is anything time-critical right now?
If any of these is true, act now. Eviction and notice deadlines are short, and missing the response deadline can lead to a default judgment and a lockout.
- You were served with an eviction lawsuit (a Summons and Complaint for unlawful detainer) — the clock to respond has already started
- Your landlord shut off your utilities, changed the locks, or removed your doors, windows, or belongings
- You received a 3-day notice to pay rent or quit, or to fix a problem or quit
- You received a 30-day, 60-day, or 90-day notice to move
- You got a rent-increase notice and the effective date is coming up
- You have no heat, no running water, or another serious habitability problem
- You are being pushed to move because you complained or reported a condition
- A move-out was more than 21 days ago and you have not received your deposit or an itemized statement
If you were served with an eviction lawsuit, do not wait. After personal service the response is generally due within 10 days, not counting weekends and court holidays, and the count can be different if you were served by mail, by posting, or by substitute service. Because the exact deadline depends on how you were served, treat it as urgent and confirm your date today. Do not ignore court papers.
Tell the Analyst what happened
In your own words, like you would tell a friend. It adjusts to you: plain answers if you want plain answers, statutes and citations if you ask for them. It will tell you honestly when a problem needs a real lawyer.
Please keep it anonymous. Do not enter Social Security numbers, bank or account numbers, or passwords. Use placeholders like "my landlord" instead of real names. This is a public information tool, not a confidential attorney channel.
Your rights, by situation
Open the one that fits. Each shows the core rule, the likely deadline, where it is handled, and the official form or page. Every rule is tied to a primary source. This is legal information, not advice about your specific facts.
You were served with an eviction lawsuit count in court days — act now
The rule: The only lawful way to evict you is a court case called an unlawful detainer. Once you are served with the Summons and Complaint, you must file a written response, usually an Answer, or the landlord can ask the court for a default and win without your side being heard.
Deadline: After personal service, the response is due within 10 days, not counting Saturdays, Sundays, and judicial holidays. The count is different for other service methods: California's self-help guidance describes roughly 20 days for substituted or posted-and-mailed service and 15 days for confidential (Safe at Home) service, and mail service can add court days. Because the count turns on how you were served, confirm your exact date immediately. (This is the 2025 rule; an older "5 days" figure is outdated.)
Where & form: The Superior Court that issued the summons. File the Answer — Unlawful Detainer (UD-105). Other responses (a demurrer or a motion to quash defective service) are prepared on pleading paper, not a fill-in form.
Start here: California Courts: respond to an eviction.
Source: Code Civ. Proc. § 1167 (amended by AB 2347, effective Jan. 1, 2025). Per-method day counting is fact-specific; confirm it.
A 3-day notice to pay rent (or fix a problem) or quit 3 days, no weekends/holidays
The rule: Before filing to evict for unpaid rent, the landlord must give you a written 3-day notice to pay the exact rent due or move out. A similar 3-day notice is used to fix a curable lease violation. For serious conduct like nuisance or serious property damage, a 3-day notice to quit may give no chance to fix it.
Deadline: The 3 days do not count Saturdays, Sundays, or judicial holidays. A pay-or-quit notice must state the exact amount due and how and to whom to pay. Paying the full amount within the period generally stops the eviction; check the notice for defects.
Where: No court filing for the notice itself. If you neither pay nor move, the landlord may then file an unlawful detainer.
Source: Code Civ. Proc. § 1161(2)–(4).
A 30, 60, or 90-day notice to move (no-fault) 30 / 60 / 90 days
The rule: To end a month-to-month tenancy, the landlord must give 30 days' notice if you have lived there less than a year and 60 days' notice if a year or more. If your tenancy is covered by the statewide Tenant Protection Act, then after 12 months the landlord generally needs a listed "just cause" to end it, and a no-fault termination (like an owner move-in) requires paying relocation assistance equal to one month's rent, or waiving your last month's rent, within 15 calendar days of the notice.
Coverage: The just-cause and relocation rules do not cover every rental. Single-family homes and condos owned by an individual (with the required written notice), owner-occupied duplexes, and housing built within the last 15 years are among the common exemptions. Local ordinances can be stricter.
Note: A separate 90-day rule below applies to large rent increases, which is different from a notice to move.
Sources: Civ. Code §§ 1946.1, 1946.2 (Tenant Protection Act). Overview: California Attorney General.
A rent increase that seems too high cap: 5% + inflation, max 10%
The rule: For units covered by the Tenant Protection Act, a landlord cannot raise rent over any 12-month period by more than 5% plus the regional cost-of-living increase, or 10%, whichever is lower, and cannot raise rent more than twice in that 12-month period.
Important: The exact allowable percentage changes every year and by region, so this clinic does not quote a single number. Check the current figure before concluding an increase is legal, and remember your city may have stricter local rent control. Some units are exempt (for example, certain single-family homes and newer construction).
Where: This is usually raised as a dispute with the landlord, before a local rent board where one exists, or as a defense/claim in court.
Sources: Civ. Code § 1947.12; Costa-Hawkins Civ. Code § 1954.52. Local rent control may be stricter.
Not enough notice of a rent increase 30 days · 90 days if over 10%
The rule: A rent increase requires at least 30 days' written notice if the increase (added to any increases in the prior 12 months) is 10% or less, and at least 90 days' notice if it is more than 10%. This is separate from the cap on how much rent can go up.
Deadline: The notice must be delivered the required number of days before the effective date; if it is served by mail, additional days generally apply.
Source: Civ. Code § 827(b).
Security deposit not returned 21 calendar days
The rule: After you move out, the landlord must send an itemized statement of any deductions and return the rest of your deposit no later than 21 calendar days. Generally a landlord also cannot collect a deposit larger than one month's rent, with a limited exception (up to two months) for certain small landlords who are natural persons.
Deadline: The 21 days run from when you vacate. If deductions are over a set amount, the landlord must include copies of bills or receipts. If the landlord misses the deadline or keeps the deposit in bad faith, you may be able to recover more than the deposit.
Where: Usually small claims court. Form: SC-100.
Source: Civ. Code § 1950.5 (deposit cap amended by AB 12, effective July 1, 2024).
Repairs ignored / unsafe conditions repair-and-deduct: ≤ 1 month rent, 2×/yr
The rule: A landlord must keep a rental fit to live in. If it substantially lacks essentials such as working plumbing, hot and cold water, heat, safe electrical, weatherproofing, or is infested, it may be legally "untenantable." After giving the landlord notice and a reasonable time to fix it, you may have options including "repair and deduct."
Limits: Repair-and-deduct is capped at about one month's rent and can be used no more than twice in 12 months; roughly 30 days after notice is presumed a reasonable time to wait. Keep everything in writing.
Where: Local building, housing, or code-enforcement (for inspections and orders); small claims or civil court for money; the state sets minimum housing standards.
Sources: Civ. Code §§ 1941, 1941.1, 1942. Standards: HCD State Housing Law.
Illegal lockout or utility shutoff $100/day · $250 minimum
The rule: A landlord cannot force you out by shutting off utilities, changing the locks, removing doors or windows, or taking your belongings. That is an illegal "self-help" eviction. Only a court-ordered eviction is lawful.
Remedies: You may recover your actual damages plus a penalty of up to $100 for each day the landlord is in violation, with at least $250 per violation, and the court awards reasonable attorney's fees to the prevailing party. The police may also respond to an unlawful lockout.
Where: Civil court, or small claims within the dollar limit.
Source: Civ. Code § 789.3.
Retaliation for complaining 180-day protection window
The rule: A landlord generally may not evict you, raise your rent, or cut your services within 180 days because you exercised a legal right, such as complaining in good faith about habitability to the landlord or a public agency, or participating in a tenant association.
Remedies: Retaliation can be raised as a defense to an eviction and as a claim; penalties can include damages from $100 to $2,000 per retaliatory act where the landlord acted with malice, plus attorney's fees.
Source: Civ. Code § 1942.5.
Suing to recover a deposit or money small claims up to $12,500
The rule: As an individual you can sue your landlord in small claims court, without a lawyer, for up to $12,500 (businesses are limited to $6,250) — for example, to recover a wrongfully withheld deposit or lockout penalties.
Where & form: The small claims division of the Superior Court, generally where the landlord lives or where the property is. Form: Plaintiff's Claim (SC-100).
Start here: California Courts: small claims.
Source: Code Civ. Proc. § 116.221. There are limits on how many higher-value claims a person may file per year.
Deadlines at a glance
The single most important thing in a tenant matter is not missing a deadline, especially an eviction response. These are the general periods from official sources. They are starting points, not guarantees: how you were served, weekends and court holidays, and mailing can all move the real date.
| If your situation is… | Where it goes | General deadline | How it's counted |
|---|---|---|---|
| Eviction response after personal service | Superior Court (UD-105) | 10 days | Not counting weekends/court holidays; other service methods differ |
| 3-day pay-or-quit / cure-or-quit | No filing (then court) | 3 days | Not counting weekends/court holidays |
| No-fault move-out, under 1 year | Notice only | 30 days | Before the move-out date; mail may add time |
| No-fault move-out, 1 year or more | Notice only | 60 days | Before the move-out date; mail may add time |
| Relocation help after no-fault (covered units) | From the landlord | 15 days | Calendar days from the notice; equals one month's rent |
| Rent increase of 10% or less | Notice only | 30 days | Before the effective date; mail may add time |
| Rent increase over 10% | Notice only | 90 days | Before the effective date; mail may add time |
| Security deposit return | From the landlord | 21 days | Calendar days after you move out |
| Retaliation protection | Defense / claim | 180 days | After the protected activity |
| Housing discrimination complaint | Civil Rights Department | 1 year | From the discriminatory act |
Do not compute your own eviction deadline from this table alone. The response window depends on how you were served (personal, substitute, posting, or mail). If you have been served with court papers, treat it as due now and confirm the exact date immediately. A default judgment can lead to a lockout.
Where to go
Choosing the right place matters. This is the honest routing map.
| Your issue | Where it goes | What they do |
|---|---|---|
| Eviction (unlawful detainer) | Superior Court | The only lawful way to remove a tenant; hears the case and your Answer |
| Deposit or money up to $12,500 | Small Claims Court | You sue without a lawyer |
| Rent cap, just cause, deposits overview | California Attorney General | Statewide plain-language guidance |
| Local rent control (may be stricter) | Local rent board | Administers your city's ordinance |
| Unsafe conditions / code violations | Local code enforcement + HCD | Inspections and repair orders; state sets minimum standards |
| Discrimination in housing | Civil Rights Department | Enforces fair-housing law; file within one year |
Only a court can evict you. If anyone tells you to leave "or else," or locks you out without a court order, that is not a lawful eviction. Local rent boards and ordinances can give you more protection than state law; check your city.
Evidence to preserve now
Tenant cases are won with documents. Save these and keep your own copies.
- Your lease or rental agreement, and any addenda
- Every notice you received (and the envelope, which can show the service date)
- Any court papers, exactly as received, with the date you got them
- Proof of rent paid: receipts, bank or money-order records
- Photos and videos of conditions, dated
- Every repair request and the landlord's response, in writing
- Texts and emails with the landlord or manager
- Move-in and move-out condition records and your deposit receipt
- Names of people who witnessed conditions or events (keep private)
- A dated written timeline of what happened, while it is fresh
Preserve, do not alter anything. If you were served with court papers, keep them and note the exact date and how they arrived, because the response deadline depends on the method of service.
How the Analyst answers
Every substantive answer follows the same predictable shape, so you know what you are getting and what it will not do.
- A preliminary read of what may be going on
- The facts that would change the answer, and which are still missing
- The rights that may be involved
- The deadlines that may apply, with the caveat that only case-specific review confirms a date
- The evidence to preserve
- Practical next steps
- The right form, court, or agency
- When the matter genuinely needs a human lawyer or a local legal-aid office
- The official sources behind the answer
- The date the underlying law was last reviewed
The Analyst grounds legal statements in official primary sources and does not guess an eviction deadline for you, because that depends on how you were served. When it cannot support something, it says so. It is attorney-supervised information, not legal advice, and using it does not make me your lawyer.
Official forms and pages
Eviction
Deposits & money
Rent, deposits & conditions
Discrimination & Terms.Law guides
When the matter is worth a lawyer
Many tenant problems can be handled with the free clinic above and your local legal-aid or court self-help center. Some, especially a pending eviction with a close deadline, are worth quick attorney review. This is separate from the free clinic and never gates it.
A written attorney consultation
Send your question, a short summary, and your key documents (the notice or court papers); get a written attorney response on the main issues, risks, and practical next steps.
Local legal aid first
For an active eviction, a local legal-aid office or the court's self-help center is often the fastest free help, and they know your local court and rent board. The Analyst can point you toward the right official resources.
Sources and review
This clinic is grounded in official primary sources. Law reviewed as of July 22, 2026.
Primary sources: California Civil Code (§§ 789.3, 827, 1941, 1941.1, 1942, 1942.5, 1946.1, 1946.2, 1947.12, 1950.5, 1954.52) and Code of Civil Procedure (§§ 116.221, 1161, 1167) via leginfo.legislature.ca.gov; the California Courts self-help site; the California Department of Housing and Community Development; the California Attorney General; and the California Civil Rights Department. The eviction response period reflects Code Civ. Proc. § 1167 as amended by AB 2347 (effective January 1, 2025).
Some points depend on the method of service, the current year's regional inflation figure, and local ordinances, which can be stricter than state law. Those are presented conservatively and flagged for case-specific confirmation. If something looks out of date, tell me at owner@terms.law and I will review it.