Summary
In California, tenants generally have 10 days to respond to an eviction summons served by mail. After filing a response, a court hearing is typically scheduled within 20 days. The court automatically schedules the hearing, so tenants do not need to request it. Always consult a local attorney for personalized advice.Full Conversation
I’m in the process of facing eviction due to my home being sold so that it would not face judicial foreclosure auction. I had to overstay the date that I agreed to leave with the new owners. They’re going to serve me my summons by mail either tomorrow or Wednesday. How long do I have to submit my response?
Hello Robert, the timeframe to respond to an eviction notice varies depending on your location. Could you please provide the state you're located in so I can provide accurate information?
California
In California:
- You usually have 5 days to respond after receiving an eviction summons.
- If the 5th day is a holiday or weekend, you get until the next business day.
Always contact a local attorney for personalized advice.
I heard that if it’s received by mail that I have 15 days from the day that it was mailed
In California, if the summons is served by mail, you get an additional 5 days, making it a total of 10 days to respond. However, please consult with a local attorney to ensure accuracy.
How long after I submit my response will there be a hearing?
In California, once you've filed your response to an eviction notice, a court hearing is typically scheduled within 20 days. However, due to COVID-*, there may be delays. Please consult with a local attorney for the most accurate information.
That’s the defendant have to request a hearing or does the court automatically do it?
In California, once you've filed your response to an eviction notice, the court automatically schedules a hearing. You don't need to request it. But remember to consult with your local attorney for specific guidance.
OK thank you
You're welcome, Robert! If you have any more questions or need further clarification on any legal matter, feel free to ask. Remember to consult with a local attorney to get the most accurate and personalized advice. Good luck with your situation!