The Short Answer
An eviction is not a small claims case. In California, a landlord who wants a tenant to move out must file an eviction case, called an unlawful detainer (Code of Civil Procedure § 1161 and following). It has its own forms and a short deadline to respond. Small claims court is different: small claims cases are generally about money (Code of Civil Procedure § 116.220), up to $12,500 for an individual (Code of Civil Procedure § 116.221).
If you were served with eviction court papers, act now. You generally have 10 court days to file a response, and if you do not respond, the judge can decide the case without hearing from you (California Courts Self-Help Guide, selfhelp.courts.ca.gov/eviction-tenant/respond). Contact your court's self-help center or a legal aid organization right away. Accessible Justice does not handle evictions.
This page explains the difference between the two kinds of cases, what to do if you received eviction papers, and which tenant money disputes do fit small claims court. For deposit disputes, see our California security deposit law guide.
The Example: Rosa Searches "Small Claims Eviction"
Rosa rents an apartment in Oakland. After she fell behind on rent, her landlord gave her a written notice. A week later, someone handed her two court papers: a Summons (Form SUM-130) and a Complaint (Form UD-100). Rosa thought this was a small claims case and searched "small claims eviction" to find out what to do.
Those forms mean Rosa is in an eviction case, not small claims. Her deadline to respond started the day after she was served. We follow her situation through the rest of this guide.
Eviction Case vs. Small Claims Case
| Question | Eviction (unlawful detainer) | Small claims |
| What it decides | Whether the tenant must move out | Whether one side owes the other money |
| How it starts | A written notice, then a Summons (SUM-130) and Complaint (UD-100) | A Plaintiff's Claim (SC-100) |
| How the tenant responds | File an Answer (UD-105) or another response by the deadline | Go to the hearing on the date in the SC-100 |
| Response deadline | Generally 10 court days after personal service | The trial date set by the court |
| Money limit | Not a small claims case | $12,500 for an individual, $6,250 for a business (CCP § 116.221) |
| Source | CCP § 1161 and following; selfhelp.courts.ca.gov/eviction-tenant | CCP §§ 116.220, 116.221 |
The California Courts Self-Help Guide explains that small claims cases are generally about money, not about a judge ordering someone to do or not do something. A small claims judge cannot order you to move out.
If You Received Eviction Papers: What to Do Now
Step 1: Identify the papers
An eviction case usually starts with a Summons (Form SUM-130) and a Complaint (Form UD-100). If those are what you received, you are in an eviction case, not small claims. A written notice alone, such as a notice to pay rent or move out, is not a court case yet, but it is the step before one.
Step 2: Find your deadline
The deadline starts the day after you were served, and it depends on how you got the papers (California Courts Self-Help Guide):
- Handed to you (or left near you if you refused to take them): 10 court days. Court days do not include Saturdays, Sundays, or court holidays.
- Given to someone at your home or work and then mailed, or posted at your home and mailed: 10 calendar days after the mailing date, plus 10 court days.
Step 3: Get help today
Talk to your court's self-help center or a legal aid organization right away. They can help you understand the deadline, your possible defenses, and the forms. You can find your court's self-help center at selfhelp.courts.ca.gov.
Step 4: File your response on time
The most common response is an Answer (Form UD-105). It lets you tell the judge your side and explain if your landlord legally cannot evict you. If you disagree with a statement in the Complaint, you deny it in the Answer; the Self-Help Guide warns that if you do not list a statement there, the judge will think you agree with it.
Step 5: Know what happens if you miss the deadline
If you do not respond, the judge may decide the case without hearing your side, and there will be no trial. If you lose, the sheriff can post a Notice to Vacate at your home. If your landlord has not yet asked for a default, you may still be able to file an Answer, but you must do it right away (California Courts Self-Help Guide).
Step 6: Keep money claims for later
Money disputes with your landlord, such as a withheld security deposit, do not stop or replace the eviction case. Once you have dealt with the eviction and moved on, a money claim may fit small claims court, as explained below.
Tenant Money Disputes That Fit Small Claims Court
| Dispute | Why it can fit small claims | Source |
| Security deposit not returned | A deposit action may be brought in small claims if the damages are within the limit | Civil Code § 1950.5(o) |
| Bad-faith deposit retention | Adds statutory damages of up to twice the deposit, in addition to actual damages | Civil Code § 1950.5(m) |
| Lockout or utility shutoff by the landlord | Actual damages plus a per-day statutory penalty | Civil Code § 789.3 |
| Any money claim | Up to $12,500 for an individual | CCP § 116.221 |
A landlord can also sue a former tenant in small claims for money, such as a claim for damage after move-out. That is a money case, not an eviction.
For the deposit timeline, see what to do if your landlord missed the 21-day deadline. For a lockout, see suing under Civil Code § 789.3. For what a small claims judge actually focuses on, see where the rules actually matter.
Frequently Asked Questions
Can small claims court evict me?
No. An eviction is a separate case called an unlawful detainer (Code of Civil Procedure § 1161 and following). Small claims cases are generally about money (Code of Civil Procedure § 116.220), and a small claims judge cannot order you to move out.
How long do I have to respond to an eviction case in California?
If the papers were handed to you, you generally have 10 court days, not counting Saturdays, Sundays, or court holidays. If they were left with someone else or posted and then mailed, you have 10 calendar days after the mailing date plus 10 court days (California Courts Self-Help Guide). Talk to a self-help center or legal aid right away to confirm your deadline.
What happens if I don't respond to eviction papers?
The judge may decide the case without hearing your side, and there will be no trial. If you lose, the sheriff can post a Notice to Vacate at your home (California Courts Self-Help Guide).
Can my landlord just change the locks instead of going to court?
No. Civil Code § 789.3 prohibits a landlord from changing the locks, shutting off utilities, or removing your belongings to force you out. A tenant can be removed only after a court judgment, and only by the sheriff or marshal (California Attorney General, Information Bulletin 2022-DLE-05). See our guide to illegal lockouts and utility shutoffs.
Can I still get my security deposit back after an eviction?
The deposit rules still apply. The landlord must send an itemized statement and return any remaining deposit no later than 21 days after the tenant has vacated (Civil Code § 1950.5(h)(1)), and a deposit claim may be brought in small claims court if the damages are within the limit (Civil Code § 1950.5(o)).
Does Accessible Justice help with evictions?
No. Accessible Justice helps tenants with money claims in small claims court, such as deposit disputes. If you are facing an eviction, contact your court's self-help center or a legal aid organization immediately, because the response deadline is short.
Let Accessible Justice Help With Your Money Claim
When the eviction is behind you, a deposit or lockout claim still deserves a clear look. Accessible Justice helps you organize your dates, documents, and evidence, prepares your demand letter, and, if needed, prepares your SC-100 for small claims court. A licensed California attorney reviews your case before anything is sent.
This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.
Let AJ handle this for you
If your case qualifies, our attorney packages file your case, serve your case, and charge a percentage of recovery only if you win.
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.