Three months or just one? You may have legal options in the eviction lawsuit against you that could delay your trial by up to 90 days. Filing just an answer to the complaint only gives you 30 days to find a new place when you lose your case, and just one chance to avoid eviction; however, by filing either of the two alternative legal responses to the eviction complaint, namely, a Motion to Quash Service of Summons and/or a Demurrer to Complaint, you could maintain your current residence for an additional 60 days, even if you think you can’t win. Trial or no trial? Filing a demurrer can actually preclude trial, putting an end to the eviction suit altogether. Closely examine the three-day notice to pay rent or quit for compliance with civil codes pertaining to evictions. Any missing or incorrect information is grounds for a demurrer. If it’s is defective—and you raise that issue in a pre-trial hearing—then the eviction case against you will be dismissed. Your landlord must then prepare and serve another notice is valid, wait the appropriate amount of time (e.g., 30 days), and then file another complaint if the notice is not complied with (adding an additional 30 days until eviction). Because you only have five days from the date of service of summons to file a response, be sure to call or get help well within that time. Getting started More information about your legal options After completing your answer at the Legal Self- Help Center, ask your attorney if either of the legal options described in this pamphlet are available to you; or, to learn more about them, visit the Santa Clara County Law Library, located at 360 North First Street in San Jose, and check out the California Eviction Defense Manual and the California Landlord-Tenant Law Practice Guide. Need free help? Once you have determined to proceed, you can get free help writing, filing and serving all of the necessary legal documents by calling or texting James Alan Bush at (408) 685-4049. Free Eviction Legal Defense Document Preparation Service Avoid or delay trial with two legal alternatives to filing only an answer to an eviction suit, free LANDLORD FILES COMPLAINT LANDLORD SERVES NOTICE TENANT FILES ANSWER (30 DAYS) TRIAL IN 30 DAYS OPTIONS MOTION TO QUASH (30 DAYS) DEMURRER TO COMPLAINT (30 DAYS) TENANT MIGHT FILE ANSWER (30 DAYS) TRIAL IN 90 DAYS (OR NONE)