Three months or just one? You may have legal options in the eviction lawsuit against you that could delay your trial by up to 90 days. Filing just an answer to the complaint only gives you 30 days to find a new place when you lose your case, and just one chance to avoid eviction; however, by filing either of the two alternative legal responses to the eviction complaint, namely, a Motion to Quash Service of Summons and/or a Demurrer to Complaint, you could maintain your current residence for an additional 60 days, even if you think you can’t win.

Trial or no trial? Filing a demurrer can actually preclude trial, putting an end to the eviction suit altogether. Closely examine the three-day notice to pay rent or quit for compliance with civil codes pertaining to evictions. Any missing or incorrect information is grounds for a demurrer. If it’s is defective—and you raise that issue in a pre-trial hearing—then the eviction case against you will be dismissed. Your landlord must then prepare and serve another notice is valid, wait the appropriate amount of time (e.g., 30 days), and then file another complaint if the notice is not complied with (adding an additional 30 days until eviction).

Because you only have five days from the date of service of summons to file a response, be sure to call or get help well within that time.

Getting started More information about your legal options

After completing your answer at the Legal Self-Help Center, ask your attorney if either of the legal options described in this pamphlet are available to you; or, to learn more about them, visit the Santa Clara County Law Library, located at 360 North First Street in San Jose, and check out the California Eviction Defense Manual and the California Landlord-Tenant Law Practice Guide.

Need free help?

Once you have determined to proceed, you can get free help writing, filing and serving all of the necessary legal documents by calling or texting James Alan Bush at (408) 685-4049.

Free Eviction Legal Defense Document Preparation Service Avoid or delay trial with two legal alternatives to filing only an answer to an eviction suit, free

LANDLORD FILES

COMPLAINT

LANDLORD SERVES NOTICE

TENANT FILES

ANSWER (30 DAYS)

TRIAL IN 30 DAYS

OPTIONS

MOTION TO

QUASH (30 DAYS)

DEMURRER TO

COMPLAINT (30 DAYS)

TENANT MIGHT FILE

ANSWER (30 DAYS)

TRIAL IN 90 DAYS (OR NONE)

Demurrer to Complaint Tenants who think their landlords do not have sufficient reasons for an eviction notice or to serve a complaint can file a Demurrer. A demurrer is a document questioning the legality of the eviction. If the judge grants the demurrer motion, the landlord might have to start the eviction case from the beginning, which can stall the eviction for several weeks. As with the motion to quash, a demurrer will not defeat the eviction outright. But it might delay the case enough to give tenants the opportunity to either satisfy their landlords' demands or fight their claims in court.

Avoid or delay trial with a Motion to Quash Service of Summons or a Demurrer to Complaint—and keep your apartment up to 90 days

Motion to Quash

Ask your self-help attorney if the service of summons was proper; if not, call for help preparing the requisite legal documents to stop the eviction trial.

Service of Summons

Related law: California Civil Code of Procedure § 1161 (Unlawful Detainer) and California Civil Code of Procedure § 1162 (Notice of Service)

Demurrer to Complaint

Ask your self-help attorney if the eviction complaint meets code; if not, call for help preparing the requisite legal documents to stop the eviction suit.

Eviction Complaints

Related law: California Code of Civil Procedure § 1170 and California Code of Civil Procedure §§ 1177, 1005

Motion to Quash Once landlords file for an unlawful detainer, they must serve their tenants with a Summons and Complaint. There are specific requirements a landlord must meet when providing notice or service; if those requirements are not met, you can file a Motion to Quash Service. This motion claims the landlord has not provided sufficient notice or followed legal requirements when serving the Summons and Complaint. If the judge grants the motion, the landlord will have to re-serve the Summons and Complaint, which will delay the eviction by an additional 30 days.