KNOW YOUR RIGHTS: EVICTIONS
Is my eviction notice legal? Do I need to move out?
All eviction notices have to be written and properly served on tenants to be legal. Also, landlords have to go through the court process to evict tenants, and tenants have the right to fight the case. If you are a tenant, landlords cannot simply change the locks or tell you that you have to leave. That is not a legal eviction.
If you receive a verbal eviction threat from your landlord, or a written eviction notice, or your landlord wants you to sign an agreement and you are not sure if you should sign it, please contact a legal services provider to apply for assistance and advice about your options before you sign anything or decide to move out.
Spanish
I was served with eviction paperwork. What should I do next?
If you received an eviction Summons and Complaint, that means the landlord started a case in court asking that a judge order you to move out. The most important thing is to make sure you file a response or "Answer" by the deadline, within ten court (business) days of personal service, or you could lose right away, by default. If you were just served, contact a legal services provider to apply for assistance. If you are close to the deadline, use this General Denial packet to file your response, and then seek assistance with an amended Answer that includes all of your defenses.
Note that the Answer form has been updated as of January 2026. You should use the blank UD-105 Answer form found here. The fee waiver request form (FW-001) is found here.
What are the steps and deadlines in the eviction process?
What can I expect in my eviction case?
I received a notice of a settlement conference and trial.
What should I do next?
Once your case is scheduled for a settlement conference and trial, pay close attention to the date the court mails your notice. You have 10 calendar days from the date the notice is mailed to request a jury trial.
If you are unsure whether your case has been scheduled, you can contact the Hayward Hall of Justice at (510) 690-2700 to check the status of your case and ask whether court dates have been set.
You have the right to ask for a jury trial. You can later choose not to have one, but you will lose that option if you do not ask within the initial deadline. Asking for a jury trial may also help in settlement talks with your landlord.
Click the button below for the Self-Help Counter-Request to Set Case for Jury Trial (Unlawful Detainer) packet.
Need eviction settlement help on your court day?
