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§ 1167.3.Time Allowed Defendant to Answer

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2000 · Last verified July 29, 2026

In one sentenceSection 1167.3 caps at five days the time a defendant gets to answer the complaint, answer an amended complaint, or amend an answer under certain default-related provisions of § 586, unless the court orders otherwise for good cause shown.

Full Text of § 1167.3

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In any action under this chapter, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to answer the complaint, answer the complaint, if amended, or amend the answer under paragraph (2), (3), (5), (6), or (7) of subdivision (a) of Section 586 shall not exceed five days.

Plain-English Summary

Consistent with the accelerated pace of this chapter, this section limits how much time a defendant gets for several specific pleading steps: answering the original complaint, answering it after it's been amended, or amending an answer under paragraphs (2), (3), (5), (6), or (7) of § 586(a). None of those windows can exceed five days.

The court retains discretion to allow more time, but only for good cause shown — the default rule is the five-day cap, and departing from it requires an actual court order explaining why.

Frequently Asked Questions

How much time does a defendant get to answer an amended unlawful detainer complaint?

No more than five days, unless the court orders otherwise for good cause shown.

Does this five-day cap apply to every kind of pleading in an unlawful detainer case?

It applies to answering the complaint, answering an amended complaint, and amending an answer under the specific paragraphs of § 586(a) this section lists.

Can a court extend that five-day period?

Yes, but only for good cause shown — the court has to make that finding to depart from the default cap.

Amendment History

EFFECTIVE 1/1/2000. Amended September 7, 1999 (Bill Number: SB 210) (Chapter 344). Amended July 12, 1999 (Bill Number: SB 966) (Chapter 83).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
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