(a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made. Judgment shall be entered thereon and, if the plaintiff prevails, a writ of execution shall be issued immediately by the court upon the request of the plaintiff.
§ 1170.5.Trial of Proceeding
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 1620 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1170.5 requires an unlawful detainer trial within 20 days of the defendant's request to set it, limits extensions beyond agreement of the parties, and lets the court order a delayed tenant to keep paying reasonable rent into court or an escrow while the case is pending.
Full Text of § 1170.5
(b) The court may extend the period for trial upon the agreement of all of the parties. No other extension of the time for trial of an action under this chapter may be granted unless the court, upon its own motion or on motion of any party, holds a hearing and renders a decision thereon as specified in subdivision (c).
(c) If trial is not held within the time specified in this section, the court, upon finding that there is a reasonable probability that the plaintiff will prevail in the action, shall determine the amount of damages, if any, to be suffered by the plaintiff by reason of the extension, and shall issue an order requiring the defendant to pay that amount into court as the rent would have otherwise become due and payable or into an escrow designated by the court for so long as the defendant remains in possession pending the termination of the action.
The determination of the amount of the payment shall be based on the plaintiff's verified statement of the contract rent for rental payment, any verified objection thereto filed by the defendant, and the oral or demonstrative evidence presented at the hearing. The court's determination of the amount of damages shall include consideration of any evidence, presented by the parties, embracing the issue of diminution of value or any set off permitted by law.
(d) If the defendant fails to make a payment ordered by the court, trial of the action shall be held within 15 days of the date payment was due.
(e) Any cost for administration of an escrow account pursuant to this section shall be recoverable by the prevailing party as part of any recoverable cost in the action.
(f) After trial of the action, the court shall determine the distribution of the payment made into court or the escrow designated by the court.
(g) Where payments into court or the escrow designated by the court are made pursuant to this section, the court may order that the payments be invested in an insured interest-bearing account. Interest on the account shall be allocated to the parties in the same proportions as the original funds are allocated.
(h) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(i) Nothing in this section shall be construed to abrogate or interfere with the precedence given to the trial of criminal cases over the trial of civil matters by Section 1050 of the Penal Code.
Plain-English Summary
Once a defendant appears under § 1170 and requests a trial date, subdivision (a) puts the court on a short clock: trial has to happen no later than the 20th day after that request. If the landlord wins, a writ of execution issues immediately on request — no waiting period tacked on.
The parties can agree to push the trial date back, and the court will honor that agreement. Any other extension requires the court to hold a hearing and issue a decision, which brings subdivision (c) into play. If trial doesn't happen on time and the court finds a reasonable probability the landlord will win, the court sets an amount the tenant must pay into court — or into a court-designated escrow — as the rent would otherwise have come due, based on the landlord's verified rent statement, any tenant objection, and the evidence at the hearing, including any diminution-in-value or setoff claim.
A tenant who misses that payment doesn't get more delay for free: subdivision (d) requires trial within 15 days of the missed due date. After trial, the court decides how the money in court or escrow gets distributed, and any escrow administration cost is recoverable as a cost by the prevailing party. None of this displaces the separate precedence criminal trials get over civil matters under Penal Code § 1050.
Frequently Asked Questions
How fast must my unlawful detainer trial happen once I ask for a trial date?
No later than the 20th day after the request to set the trial, unless all parties agree to a later date.
What if the court can't get to trial within that time?
If the court finds the landlord probably will win, it can order the tenant to keep paying the rent equivalent into court or an escrow account while the case remains pending.
What happens if I don't make that court-ordered payment?
Trial has to be held within 15 days of the date the payment was due, under § 1170.5(d).
What happens to the money paid into court after the trial?
The court decides how it gets distributed once the case is decided, and any interest earned on an interest-bearing account is allocated in the same proportion as the original funds.
Amendment History
Added by Stats. 1982, Ch. 1620, Sec. 2.
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
Also known as: unlawful detainer trial deadline californiaeviction trial 20 days californiarent escrow eviction delay california