The Short Answer
If your landlord does not show up to the small claims hearing, the case goes ahead without them. According to the California Courts Self-Help Guide, if the defendant doesn't show up and the plaintiff can prove their case, the plaintiff will likely win. That last part matters: you still have to prove your case with your lease, dates, and evidence. The judge does not award you money just because the landlord stayed home.
After the judgment, the landlord has a short window to ask the court to cancel it. A defendant who did not go to the trial can file a Motion to Vacate (Form SC-135) within 30 days after the Notice of Entry of Judgment (Form SC-130) was mailed, or within 180 days if they were not properly served (Form SC-130, "Information After Judgment"). A defendant who did not appear has no right to appeal (Code of Civil Procedure § 116.710(d)).
This guide walks through the hearing, the judgment, the landlord's options afterward, and collecting your money. For the deposit rules themselves, see our California security deposit law guide.
The Example: Jordan's $1,800 Deposit
Jordan rented an apartment in San Jose and paid an $1,800 security deposit. More than 21 days after move-out, the landlord had returned nothing and sent no itemized statement. Jordan filed a Plaintiff's Claim (Form SC-100), had the landlord personally served by a registered process server, and filed the proof of service.
On the hearing day, the landlord did not come. We follow Jordan's case through the rest of this guide.
What Happens, Step by Step
Step 1: Arrive prepared, even if you expect the landlord to skip it
Bring your originals and copies: the lease, proof of the deposit you paid, your move-out date, photos, messages, your demand letter, and your proof of service. If the landlord does not appear, the judge will look at your evidence to decide whether you proved your claim. Our guide to preserving evidence explains what to bring.
Step 2: Show the landlord was properly served
The judge needs to see that the landlord received the claim the right way. Service must be completed at least 15 days before the hearing, or 20 days if the defendant lives outside the county, and the server signs a proof of service (Code of Civil Procedure § 116.340). Correct service also protects your judgment later: a defendant who was not properly served gets a longer, 180-day window to cancel it (Form SC-130).
Step 3: Present your case to the judge
Explain briefly what you are owed and why: the deposit amount, your move-out date, and what the landlord did or did not send within 21 days (Civil Code § 1950.5(h)(1)). Point to each document as you mention it. The court may award bad-faith damages whenever the facts warrant that award, regardless of whether you specifically requested it (Civil Code § 1950.5(m)). Our article on what happens when a landlord misses the 21-day deadline covers the deposit rules in detail.
Step 4: Receive the judgment
The judge may decide right away or mail the decision later, written on the Notice of Entry of Judgment (Form SC-130). Enforcement of the judgment is postponed for 30 days or, if an appeal is filed, until the appeal is decided (Form SC-130; Code of Civil Procedure § 116.810).
Step 5: Watch for a Motion to Vacate
A defendant who did not go to the trial can file a Motion to Vacate the Judgment (Form SC-135) within 30 days after the SC-130 was mailed (Code of Civil Procedure §§ 116.720–116.740, cited on Form SC-135). If you receive one, go to the hearing on the motion and bring all your evidence again: the form warns that if the request is granted, another trial may be held immediately.
Step 6: Collect your money
If the landlord does not file a motion and does not pay once enforcement is no longer postponed, you can use the court's collection tools. Form SC-130 lists them, including the Judgment Debtor's Statement of Assets (Form SC-133), an order to appear for examination, a Writ of Execution (Form EJ-130), and an Abstract of Judgment (Form EJ-001). See our guide on how to collect a judgment.
Key Rules After a No-Show
| Situation | What happens | Source |
| Defendant does not appear | If the plaintiff proves the case, the plaintiff will likely win | California Courts Self-Help Guide |
| Plaintiff does not appear | The case will be dismissed | California Courts Self-Help Guide |
| Defendant who did not appear wants to appeal | No right to appeal | CCP § 116.710(d) |
| Motion to Vacate (SC-135) | Within 30 days after the SC-130 was mailed | Form SC-130; CCP §§ 116.720–116.740 |
| Defendant was not properly served | 180 days, starting when they found out or should have found out about the judgment | Form SC-130 |
| Motion to Vacate is denied | 10 days from the mailing of the notice of denial to file an appeal | Form SC-130 |
| Enforcement | Postponed for 30 days, or until an appeal is decided | Form SC-130; CCP § 116.810 |
Frequently Asked Questions
Do I automatically win if my landlord doesn't show up?
No. The California Courts Self-Help Guide says that if the defendant doesn't show up and the plaintiff can prove their case, the plaintiff will likely win. The judge still reviews your evidence and decides what you proved, so bring everything you would bring to a contested hearing.
Can my landlord appeal after missing the hearing?
A defendant who did not appear at the hearing has no right to appeal (Code of Civil Procedure § 116.710(d)). Instead, they may file a Motion to Vacate (Form SC-135) within 30 days after the Notice of Entry of Judgment was mailed. If that motion is denied, they have 10 days from the mailing of the notice of denial to file an appeal (Form SC-130).
What if the landlord says they were never served?
A defendant who was not properly served has 180 days to file a Motion to Vacate, starting from the date they found out or should have found out about the judgment (Form SC-130). That is why correct service matters: use personal or substituted service by an adult who is not a party, and file the proof of service (Code of Civil Procedure § 116.340).
What happens if I don't show up to my own hearing?
If the plaintiff doesn't show up, the case will be dismissed (California Courts Self-Help Guide). If you cannot attend, ask the court to postpone the hearing as early as possible using Form SC-150, Request to Postpone Trial (Code of Civil Procedure § 116.570).
When can I start collecting my money?
Enforcement is postponed for 30 days or, if an appeal is filed, until the appeal is decided (Form SC-130; Code of Civil Procedure § 116.810). After that, if the landlord has not paid, you can use the collection tools listed on Form SC-130. See how to collect a judgment.
Can I recover my court costs?
Form SC-130 explains that fees for filing court papers or serving the judgment debtor can become part of your judgment, and that you claim them by asking the clerk for a Memorandum of Costs.
Let Accessible Justice Help You Finish the Case
A landlord who skips the hearing has not paid you yet. Accessible Justice helps you prepare your evidence for the hearing, keep track of the 30-day motion window, and move on to collection if the landlord still does not pay. A licensed California attorney reviews your case before any action is taken.
This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.
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Start my case →This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.