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How is the tenant's 5-day deadline to respond to the complaint calculated?

Weekends and holidays count toward the 5-day period to respond except when they fall on the 5th day. For example, if the summons and complaint were personally served on the tenant on a Monday, the 5th day to respond would fall on Saturday. As a result, the deadline to respond would be extended until Monday, and the landlord could obtain a default judgment on Tuesday morning if the tenant has not filed the response with the court before the court closes on Monday.

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Last modified: 03/17/2008

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