Legal Question in Landlord & Tenant Law in California

How long the eviction process takes depends upon a number of factors, but can take anywhere from approximately 15 days (where the tenant does not respond to the complaint and a default judgment for possession is entered) to 60 or even 90 days (where the tenant answers the complaint). If the defendant answers the complaint a trial date is set (generally within 20 days of the plaintiff's request for trial setting). At the trial the sole issue is whether the tenant is entitled to possession of the premises. Whether the tenant is entitled to possession depends upon why the eviction is taking place. If the tenant did not pay rent, for example, the tenant would not be entitled to possession, absent some valid defense (i.e., some defect in the premises existed and, after notice to the landlord and the landlord's failure to remedy the defect the tenant witholds rent). If the eviction is being brought because the landlord gave the tenant a 30 or 60-day notice to terminate, and the tenancy is month to month, the tenant would not be entitled to possession after the expiration of the notice period.

If a trial is held, the defendant (tenant) is permitted to explaint their "side of the story," but generally only if it relates to why the tenant is entitled to possession. Finally, once a judgment is entered for possession, the only way "you [can] receive an extension" is if the landlord agrees to the extension.