How long does a tenant have to respond to an eviction case?
It depends on the state. Seayora holds a published statute for 21 states and the District of Columbia. The table below gives the figure for each, with the statute it comes from.
Time to respond, state by state
| State | Time to respond | Source |
|---|---|---|
| Arizona | The hearing is set for three to six business days after the summons issues; the tenant answers at or before the hearing. | A.R.S. §§ 33-1368, 33-1377, 12-1173.01, 33-1367 |
| California | Five court days, excluding Saturdays, Sundays and judicial holidays, since AB 2343 took effect on 1 September 2019. | Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act) |
| Colorado | The summons states the answer date, which is at least seven days and not more than fourteen days after service. | C.R.S. §§ 13-40-104, 13-40-107.5, 13-40-111, 13-40-122 |
| Connecticut | The tenant has two days from the return date to appear, then five days to plead. | Conn. Gen. Stat. §§ 47a-15a, 47a-23, 47a-23a, 47a-26, 47a-35, 47a-43 |
| District of Columbia | The initial hearing is set several weeks out; the tenant may answer in writing or appear. | D.C. Code §§ 42-3505.01, 16-1501, 16-1502; D.C. Super. Ct. L&T R. 3 |
| Florida | Five days excluding Saturdays, Sundays and legal holidays — and in a nonpayment case the tenant must ALSO deposit the rent claimed into the court registry to be heard on the merits. | Fla. Stat. §§ 83.56, 83.59, 83.60, 83.62, 83.67; Fla. Stat. § 51.011 |
| Georgia | Seven days from service. | O.C.G.A. §§ 44-7-50, 44-7-51, 44-7-52, 44-7-55 |
| Illinois | The summons states the appearance date. | 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130 |
| Maryland | A failure-to-pay-rent trial is held about five days after filing. | Md. Code, Real Prop. §§ 8-401, 8-402.1; Md. Rule 3-711 |
| Massachusetts | The answer is due on the Monday before the entry date stated in the summons. | M.G.L. c. 186, §§ 11, 11A, 12, 15F; c. 239, §§ 1, 8A; Uniform Summary Process Rules |
| Michigan | The hearing is held within ten days of service of the summons. | MCL 554.134, 600.5714, 600.5741, 600.5744, 600.2918 |
| Minnesota | The hearing is held seven to fourteen days after the summons issues; the tenant appears rather than filing a written answer. | Minn. Stat. §§ 504B.135, 504B.291, 504B.321, 504B.345, 504B.231 |
| Nevada | Nevada summary eviction is unusual: the TENANT files the affidavit that opens a court file. | NRS 40.253, 40.2512, 118A.390; JCRLV Rule 44 |
| New Jersey | There is no written answer deadline. | N.J.S.A. 2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-10.16; N.J.S.A. 2A:39-1 |
| New York | There is no separate written answer deadline in a New York City nonpayment proceeding: the tenant answers, orally or in writing, by the return date on the notice of petition, which is 10 to 17 days after service (RPAPL § 733). | RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019 |
| North Carolina | The hearing is set for no more than seven days after the summons issues; there is no written answer requirement before a magistrate. | N.C.G.S. §§ 42-3, 42-26, 42-28, 42-30, 42-25.6, 42-36.2 |
| Ohio | The first cause of action for possession is heard within 30 days of filing; the tenant may but need not answer in writing. | O.R.C. §§ 1923.02, 1923.04, 1923.08, 5321.15 |
| Oregon | The first appearance is set about seven days after filing. | ORS 90.394, 90.396, 90.427, 105.113, 105.137, 90.375 |
| Pennsylvania | A hearing is scheduled 7 to 15 days after the complaint is filed. | 68 P.S. §§ 250.501, 250.502, 250.503; Pa. R.C.P.M.D.J. 501–521 |
| Texas | A tenant need not file a written answer in Texas. | Tex. Prop. Code §§ 24.005, 24.0051, 24.0061, 92.0081; Tex. R. Civ. P. 500–510 |
| Virginia | The tenant appears on the return date printed on the summons, generally 21 to 30 days after filing. | Va. Code §§ 55.1-1245, 55.1-1250, 8.01-124, 8.01-126, 55.1-1243 |
| Washington | The summons gives at least seven days to respond; the eviction resolution pilot programme adds a required pre-filing step in most counties. | RCW 59.18.057, 59.18.650, 59.12.030, 59.18.365, 59.18.290; RCW 59.18.630 (eviction resolution) |
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
Only states where Seayora holds a published statute appear above. Where no statute is recorded, no figure is shown rather than a guess.
The answer in full, for the biggest rental markets
How long does a tenant have to respond to an eviction case in California?
In California, the time a tenant has to respond to an eviction case is governed by Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act). Five court days, excluding Saturdays, Sundays and judicial holidays, since AB 2343 took effect on 1 September 2019.
How long does a tenant have to respond to an eviction case in Texas?
In Texas, the time a tenant has to respond to an eviction case is governed by Tex. Prop. Code §§ 24.005, 24.0051, 24.0061, 92.0081; Tex. R. Civ. P. 500–510. A tenant need not file a written answer in Texas. The trial is set for 10 to 21 days after the petition is filed, and the tenant appears on that date.
How long does a tenant have to respond to an eviction case in Florida?
In Florida, the time a tenant has to respond to an eviction case is governed by Fla. Stat. §§ 83.56, 83.59, 83.60, 83.62, 83.67; Fla. Stat. § 51.011. Five days excluding Saturdays, Sundays and legal holidays — and in a nonpayment case the tenant must ALSO deposit the rent claimed into the court registry to be heard on the merits.
How long does a tenant have to respond to an eviction case in New York?
In New York, the time a tenant has to respond to an eviction case is governed by RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019. There is no separate written answer deadline in a New York City nonpayment proceeding: the tenant answers, orally or in writing, by the return date on the notice of petition, which is 10 to 17 days after service (RPAPL § 733).
How long does a tenant have to respond to an eviction case in Pennsylvania?
In Pennsylvania, the time a tenant has to respond to an eviction case is governed by 68 P.S. §§ 250.501, 250.502, 250.503; Pa. R.C.P.M.D.J. 501–521. A hearing is scheduled 7 to 15 days after the complaint is filed. There is no separate written answer.
How long does a tenant have to respond to an eviction case in Illinois?
In Illinois, the time a tenant has to respond to an eviction case is governed by 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130. The summons states the appearance date. In Cook County that is typically two to three weeks after filing; the tenant appears rather than filing a written answer, though a written appearance and answer may be required for a jury demand.
How long does a tenant have to respond to an eviction case in Ohio?
In Ohio, the time a tenant has to respond to an eviction case is governed by O.R.C. §§ 1923.02, 1923.04, 1923.08, 5321.15. The first cause of action for possession is heard within 30 days of filing; the tenant may but need not answer in writing.
How long does a tenant have to respond to an eviction case in Georgia?
In Georgia, the time a tenant has to respond to an eviction case is governed by O.C.G.A. §§ 44-7-50, 44-7-51, 44-7-52, 44-7-55. Seven days from service. If the seventh day is a weekend or holiday, it moves to the next business day.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Other rules compared across states
- How the interest works in 14 states
- Maximum deposit in 28 states
- Deadline to return the deposit in 51 states
- Notice before entry in 24 states
- Notice before a nonpayment case in 49 states
- Notice to end a tenancy in 48 states
- Notice before a rent increase in 29 states
- Maximum late fee in 17 states
- Grace period before a late fee in 14 states
- Application fee limit in 12 states
- The first step in 22 states
- The rule on lockouts in 22 states
- Cause needed to end a tenancy in 5 states
- Labor on an appliance repair in 20 states
- Capital improvement in 8 states
- Repair labor on real property in 15 states
- How the contractor is treated in 51 states
Every rule for one state
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