San Diego Eviction Court Steps 2026–27: The Notice, the 10-Day Answer, Free Legal Aid at the Hall of Justice and the Sheriff's 5-Day Notice
Every eviction case in San Diego County lands in one place: the Hall of Justice downtown. The court also has two things that help tenants who show up early: a free clinic in the courthouse run by the Legal Aid Society of San Diego, and a state-funded program that can give eligible low-income tenants a free lawyer.
What hurts tenants most is the clock. Once you're served with eviction papers you have about 10 court days to file a written response. Miss that and you can lose without a hearing. This guide covers each step and where to get help. It isn't legal advice.
Last checked October 2026. Sources: the San Diego Superior Court's Landlord/Tenant, Tenant FAQ, Locations and Sargent Shriver Program pages; the California Courts Self-Help Guide pages on notices, the summons, the Answer, trial and losing a case; and the Legal Aid Society of San Diego's just-cause eviction guide.
The Short Version
Step 1, the notice: a written notice comes first. For pay-or-quit and fix-or-quit notices, weekends and court holidays don't count.
Step 2, the lawsuit: you're served a Summons (SUM-130) and Complaint (UD-100). If the papers were handed to you, you have 10 court days to file an Answer (UD-105).
Where: all eviction cases are filed at the Hall of Justice, 330 W. Broadway, Room 225. The Civil Business Office is open 8:30 a.m. to 4 p.m. on weekdays, (619) 450-7275.
Free lawyer: low-income tenants can check eligibility for Legal Aid's court program at (866) 244-0101. Legal Aid's general intake line is 1-877-534-2524.
If you lose: the sheriff serves a Notice to Vacate that gives you 5 days to move out.
Step 1: The Notice
A landlord can't file in court first. According to the California Courts Self-Help Guide, they have to give you a written notice saying what they want and how long you have. The common ones are:
Pay rent or quit: pay what's owed or move out.
3-day notice to perform covenants or quit: fix a lease problem, such as an unapproved pet, or leave.
3-day notice to quit: the landlord claims a serious lease violation.
30-day or 60-day notice: the landlord is ending the tenancy.
Counting days: for pay-or-quit and fix-or-quit notices, skip weekends and court holidays. For move-out-only notices, count every day, but if the last day is a weekend or holiday, the deadline moves to the next business day. If your home is covered by the federal CARES Act, for example because it's part of certain federal housing programs, the landlord must give a 30-day notice to vacate.
The courts say a notice that wasn't delivered properly or is missing required information may not support an eviction.
Just cause in San Diego
Under California law, as Legal Aid explains it, your landlord needs a "just cause" to evict once all tenants have lived there a year or more, or at least one tenant has lived there two years or more. In the City of San Diego and Chula Vista, these protections generally apply from the day you move in.
Just causes come in two kinds:
At-fault: for example, not paying rent, breaking a key lease term, nuisance, criminal activity, subletting against the lease, or refusing the landlord lawful entry.
No-fault: for example, the owner or a close relative moving in, taking the unit off the rental market, a government order requiring vacancy, or plans to demolish or substantially remodel.
For a no-fault eviction in the City of San Diego, Legal Aid says the landlord owes relocation help of two months' current rent, or three months if someone in the household is disabled or 62 or older.
Some housing isn't covered, such as many newer buildings and some single-family homes. If you're not sure, ask.
What to do when you get a notice
If you can fix it, such as paying the rent owed, do it before the deadline and keep proof.
If you disagree, write down why, keep the notice and the envelope, and call Legal Aid at 1-877-534-2524 (Monday to Friday, 9 a.m. to 5 p.m.).
Behind on rent? Legal Aid's site lists the City of San Diego Eviction Prevention Program (EPP) for low-income renters. Ask about it when you call.
Step 2: The Summons and Complaint
If you haven't moved out when the notice ends, the landlord can file an unlawful detainer (eviction) case. You'll be served a Summons (SUM-130) and Complaint (UD-100).
Your deadline
The Self-Help Guide says the deadline depends on how you were served, and day 1 is the day after service:
Handed to you: 10 court days, not counting Saturdays, Sundays or court holidays.
Left with someone at home or work and mailed, or posted and mailed: 10 calendar days plus 10 court days after mailing.
The San Diego court warns that if you don't respond on time, you may lose the case, be evicted, and have your wages, money and property taken without further warning. Even if you plan to move out or settle, the state courts suggest filing an Answer so the case isn't decided without you.
Not named on the papers?
If you live in the unit but aren't named, the court says you don't have to join the case, and it won't affect your credit. But if the landlord wins, the sheriff removes everyone living there. To join, file the Prejudgment Claim of Right to Possession that came with the papers within 10 days, then file an Answer (UD-105) within five days after that.
Step 3: File Your Answer
The main form is the Answer – Unlawful Detainer (UD-105). The court's Unlawful Detainer Answer Packet (PKT-021) lists the forms you'll need. You can get them at the Civil Business Office or download them from the California Courts website.
Deny anything in the complaint that's untrue, or that you're not sure about. The state courts warn that a statement you don't deny is treated as agreed.
List your defenses, such as a bad notice, no just cause, retaliation or unsafe conditions.
Can't afford the filing fee? Ask for a fee waiver with form FW-001.
Missed the deadline? The landlord can ask for a default. If the landlord hasn't filed a Request to Enter Default yet, you may still be able to file, so move fast.
Free Help at the Courthouse
The court lists two kinds of free help:
Unlawful detainer clinic: the Legal Aid Society of San Diego runs a clinic at the Central Division (Hall of Justice). It explains the process and helps tenants who don't have a lawyer prepare their forms. The San Diego Volunteer Lawyer Program runs a similar clinic at the North County Division. Check each group's website for current hours.
A free lawyer through the Shriver program: under the state's Sargent Shriver Civil Counsel Act, Legal Aid represents eligible low-income tenants in eviction cases. Call (866) 244-0101 to see if you qualify.
Legal Aid's offices in Midtown San Diego and North County are open Monday to Friday, 9 a.m. to 5 p.m. General intake: 1-877-534-2524, TTY 1-800-735-2929.
Step 4: Trial
After you file your Answer, the court mails you a trial date. The Self-Help Guide says trials usually happen about a month after someone asks for one with form UD-150.
The San Diego court suggests bringing original documents if you can:
the lease or rental agreement
the notice you were served
letters you wrote or got about the unit
photos of damage or unsafe or unhealthy conditions
any building inspection reports
You can bring witnesses who know the facts firsthand. The state courts add that you can ask for a free interpreter, should bring 3 copies of each document, and shouldn't leave a settlement until the judge approves it.
Settled before trial? If the date is still on the calendar, the court says to call (619) 450-7371 with your case number.
Step 5: If You Lose
The San Diego court explains that if the landlord wins:
The judge enters a Judgment of Possession, and may also order back rent, damages and costs.
The sheriff serves a Notice to Vacate that gives you five days to leave.
If you're still there after that, the sheriff removes you and changes the locks.
Can you stop it?
Ask the landlord for more time. If they say no, file a Request for a Stay of Eviction and set an ex parte hearing. If the judge gives you more time, you'll probably owe rent for it.
You can appeal or file a motion to set aside the judgment, but the deadlines are strict and you need a legal reason. The court notes that neither one stops the eviction. Only a stay does that.
Approved for rental help? The state courts say that may let you stop the eviction. Tell your lawyer.
Your record
The court can't remove an eviction from your credit report. You'd have to contact the credit bureaus yourself. The state courts note an eviction can stay on your record for 7 years, which is one more reason to answer on time.
What we couldn't confirm: Legal Aid's clinic schedule page and the City of San Diego's EPP rules weren't captured, so clinic hours and EPP eligibility aren't listed. The court's FAQ says "10 days" to respond. The state Self-Help Guide specifies 10 court days for personal service, which we've used.
A Quick Checklist
Got a notice? Call Legal Aid at 1-877-534-2524 that day.
Got court papers? Count 10 court days and file your Answer (UD-105) at the Hall of Justice, Room 225.
Low income? Call (866) 244-0101 about a free lawyer.
Keep every notice, receipt, text and photo, and go to your trial.
If you lose, ask about a stay right away. You'll have only 5 days.
Comments