Fillable Form UD-105 ANSWER form UNLAWFUL DETAINER

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Form UD-105 ANSWER form UNLAWFUL DETAINER

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answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
a.
b.
defendant has no information or belief that the following statements of the complaint are true, so defendant denies
them (state paragraph numbers from the complaint or explain below or on form MC-025):
AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in item 3l (page 2).)
a.
b.
c.
d.
e.
g.
h.
Form Approved for Optional Use
Judicial Council of California
UD-105 [Rev. September 1, 2019]
Civil Code, § 1940 et seq.;
Code of Civil Procedure, §§ 425.12, 1161 et seq.
www.courts.ca.gov
ANSWER—UNLAWFUL DETAINER
Page 1 of 2
i.
(1)
(2)
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
Plaintiff:
Defendant:
FOR COURT USE ONLY
CASE NUMBER:
ANSWER—UNLAWFUL DETAINER
UD-105
1.
3.
Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than
$1,000.)
Defendant admits that all of the statements of the complaint are true EXCEPT
defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or
explain below or on form MC-025):
Explanation is on MC-025, titled as Attachment 2b(1).
Explanation is on MC-025, titled as Attachment 2b(2).
(Nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
(Nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
not give proper credit.
(Nonpayment of rent only)
On (date):
Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
Plaintiff waived, changed, or canceled the notice to quit.
Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, title of
ordinance, and date of passage):
(Also, briefly state in item 3l the facts showing violation of the ordinance.)
Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
Defendant (each defendant for whom this answer is filed must be named and must sign this answer unless his or her attorney
signs):
Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that
constitutes domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (This
defense requires one of the following: (1) a temporary restraining order, protective order, or police report that is not
more than 180 days old; OR (2) a signed statement from a qualified third party (e.g., a doctor, domestic violence or
sexual assault counselor, human trafficking caseworker, or psychologist) concerning the injuries or abuse resulting from
these acts.)
f.
By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the
defendant in violation of the Constitution or the laws of the United States or California.
before the notice to pay or quit expired, defendant offered
the rent due but plaintiff would not accept it.
Facts supporting affirmative defenses checked above (identify facts for each item by its letter below or on form MC-025):
OTHER STATEMENTS
(date):
a.
b.
c.
DEFENDANT REQUESTS
a. that plaintiff take nothing requested in the complaint.
costs incurred in this proceeding.
c.
d.
e.
Number of pages attached:
6.
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)
(Must be completed in all cases.) An unlawful detainer assistant for compensation give advice or
assistance with this form. (If defendant has received any help or advice for pay from an unlawful detainer assistant, state):
assistant's name:
street address, city, and zip code:
county of registration: registration number:
expiration date:
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the defendant in this proceeding and have read this answer. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
(TYPE OR PRINT NAME)
(SIGNATURE OF DEFENDANT)
ANSWER—UNLAWFUL DETAINER
UD-105 [Rev. September 1, 2019]
Page 2 of 2
UD-105
(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.)
AFFIRMATIVE DEFENSES (cont'd.)
3.
l.
4.
5.
7.
a.
c.
d.
Description of facts is on MC-025, titled as Attachment 3l.
Defendant vacated the premises on
The fair rental value of the premises alleged in the complaint is excessive (explain below or on form MC-025):
Explanation is on MC-025, titled as Attachment 4b.
Other (specify below or on form MC-025 in attachment):
Other statements are on MC-025, titled as Attachment 4c.
reasonable attorney fees.
that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.
Other (specify below or on form MC-025):
All other requests are stated on MC-025, titled as Attachment 5e.
b.
e. f.
b.
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)
Date:
k.
Other affirmative defenses are stated in item 3l.
j.
Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,
ambulance) by or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency when defendant or
the other person believed that assistance was necessary.
did not did
telephone number:
CASE NUMBER:
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Form UD-105 ANSWER form UNLAWFUL DETAINER

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Completed 22 February 2020

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