The 3-Day Notice ran out. The tenant didn't pay and didn't leave. You filed the unlawful detainer. Now what?
This is the stretch most landlords know the least about, and it's also where the rules changed recently. If your mental timeline came from a case you handled a few years ago, parts of it are out of date. Here's how the court phase of a Los Angeles County eviction actually runs today, step by step, with the statute behind each one.
The short version
After the tenant is served with the summons and complaint, they have 10 days, not counting Saturdays, Sundays, or court holidays, to respond (CCP 1167). No response means you can ask the clerk for a default judgment. A response means a trial, which must be held within 20 days of the request to set it (CCP 1170.5). After judgment, only the Sheriff can remove the tenant, and the tenant gets five days after the Sheriff serves the writ to move out.
What changed: tenants now get 10 days to respond, not 5
For years, a tenant served with an unlawful detainer had five days to file a response. That's the number a lot of landlords still have in their heads, and it's the number some older guides still print.
It's no longer the law. Assembly Bill 2347 (Stats. 2024, Ch. 512) rewrote Code of Civil Procedure Section 1167, effective January 1, 2025. The tenant now has 10 days after service, excluding Saturdays, Sundays, and other judicial holidays, to respond. If the complaint was served by mail, or through the Secretary of State's address confidentiality program, the tenant gets an additional five court days on top of that.
In practical terms, 10 days that skip weekends is two full calendar weeks at minimum, and longer when a court holiday lands in the window. Plan around it. A landlord who expects a default after one week will be filing too early, and a premature default request is exactly the kind of avoidable mistake that stalls a case.
Step by step: from filing to getting the unit back
| Stage | What happens | Governing rule |
|---|---|---|
| Service of summons and complaint | The tenant must be formally served. The Sheriff or any adult who is not a party to the case can serve it. | LASD Court Services |
| Tenant's response window | 10 days, excluding weekends and judicial holidays (plus 5 court days if served by mail). | CCP 1167 |
| If the tenant files a demurrer or motion to strike | The hearing is set 5 to 7 court days after the motion is filed. | CCP 1170 |
| If the tenant doesn't respond | On your written application and proof of service, the clerk enters default and can immediately enter judgment for possession and issue the writ. | CCP 1169 |
| If the tenant answers | Trial must be held no later than 20 days after the request to set trial is made. | CCP 1170.5 |
| After judgment | The Sheriff serves the writ of possession with a notice to vacate. The tenant has 5 days to leave, then the Sheriff conducts the lockout. | CCP 715.020 |
If the tenant doesn't respond: default
This is the fastest path, and it's more common than landlords expect. Under CCP 1169, if a served tenant doesn't appear and defend, the clerk, on your written application and proof of service, enters the tenant's default. If you request it, the clerk can immediately enter judgment for possession and issue the writ.
The catch is in the words "proof of service." A default is only as strong as the service underneath it. If service was defective, the default can be set aside and you're back to waiting, after the tenant has had weeks more in the unit.
If the tenant fights the complaint itself: demurrers and motions to strike
Instead of answering, a tenant can attack the complaint with a demurrer or a motion to strike (CCP 1170). AB 2347 put these on a fast track too: the hearing must be set no less than five and no more than seven court days after the motion is filed. These challenges usually target the notice, the complaint's allegations, or the paperwork attached to it. A clean notice and a carefully drafted complaint are what make them fail quickly.
If the tenant answers: trial within 20 days
Once a tenant answers and either side asks the court to set a trial date, CCP 1170.5 requires the trial to be held no later than the 20th day after that request. The court can push it back only if all parties agree, or after holding a hearing and ruling on a motion to extend. Unlawful detainers are "summary" proceedings for a reason. The law is built to move them quickly, but only for landlords who show up with their records in order.
At trial, the case usually turns on documents: the lease, the rent ledger, the notice, the proof of service, and your communications with the tenant. If the tenant raises habitability or retaliation defenses, your dated repair records matter as much as the unpaid rent does.
After you win: the writ of possession and the Sheriff's lockout
A judgment for possession doesn't let you change the locks yourself. The Los Angeles County Sheriff's Department is direct about this: only the Sheriff may enforce the writ. Doing it yourself is an illegal "self-help" eviction under California Civil Code 789.3, even with a judgment in hand.
The process runs like this:
- The court issues the writ of possession after judgment.
- You deliver it to the Sheriff with signed instructions and a fee deposit. The Sheriff's current instruction form for evictions lists an initial deposit of $145.
- The Sheriff serves or posts the writ with a five-day Notice to Vacate.
- If the tenant is still there after five days, the Sheriff removes the occupants and puts you back in possession (CCP 715.020).
The Sheriff's form also asks for building codes, gate codes, or a contact who can provide a key. Missing access information can delay or cancel the lockout, so have it ready when you submit the writ.
Where cases lose time in this phase
- Counting the response period wrong. Ten days, excluding weekends and court holidays, plus five court days for mail service. Requesting a default early wastes a filing and invites a challenge.
- Weak proof of service. Every later step, including a default, depends on it.
- A notice that can't survive a demurrer. Problems created before filing tend to surface right here, five to seven court days after the tenant's attorney files a motion.
- Showing up to trial without records. Twenty days goes fast. The ledger, the notice, and the proof of service should be organized before the tenant ever answers.
- Incomplete Sheriff instructions. Missing access details can delay a lockout you already won.
Bottom line
The court phase of an LA County eviction is fast by design, but it runs on deadlines that punish small errors. The two numbers to remember are the tenant's 10-day response window (weekends and court holidays excluded) and the five days a tenant gets after the Sheriff serves the writ. Everything between them depends on paperwork that holds up.
The Law Office of Richard Jacobs has represented landlords and property owners for over 20 years and offers free consultations. If you're about to file, or you've already filed and the tenant just responded, call (818) 538-6684 to talk through your next step.
This article is general information about California law, not legal advice for your situation. Statutes cited: CCP 1167 (as amended by AB 2347, effective January 1, 2025), CCP 1169, CCP 1170, CCP 1170.5, CCP 715.020, Civil Code 789.3.