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Navigating the complexities of landlord-tenant disputes requires a clear understanding of the legal documents involved, particularly when facing an eviction. Among these documents, the UD-105 form stands out as a crucial tool for defendants in unlawful detainer (eviction) cases in California. This form, officially known as the Answer—Unlawful Detainer, serves as the defendant's response to an eviction notice. It offers a structured format for tenants to deny allegations made in the eviction complaint, list defenses, and request relief from the court. By meticulously filling out the UD-105, defendants can assert their side of the story, challenging the plaintiff's (landlord's) claim to possession of the property, which might be based on non-payment of rent, breach of lease terms, or other reasons stated in the complaint. The form is designed to capture a wide range of defenses, from breaches of habitability warranties to issues relating to COVID-19 tenant protections. Moreover, it provides space to argue against the claimed rental amount and list any other relevant statements or requests, including the desire for the landlord to make necessary repairs or adjust the rent. By enabling a detailed response, the UD-105 form plays a pivotal role in the eviction process, ensuring tenants have the opportunity to present their case fully and fairly in court.

Preview - Ud 105 Form

UD-105

ATTORNEY OR PARTY WITHOUT ATTORNEY

STATE BAR NUMBER:

FOR COURT USE ONLY

 

 

 

 

NAME:

 

 

 

FIRM NAME:

 

 

 

STREET ADDRESS:

 

 

 

CITY:

STATE:

ZIP CODE:

 

TELEPHONE NO.:

FAX NO.:

 

 

EMAIL ADDRESS:

 

 

 

ATTORNEY FOR (name):

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

ANSWER—UNLAWFUL DETAINER

CASE NUMBER:

1.Defendant (all defendants for whom this answer is filed must be named and must sign this answer unless their attorney signs):

answers the complaint as follows:

2.DENIALS (Check ONLY ONE of the next two boxes.)

a.

General Denial (Do not check this box if the complaint demands more than $1,000.)

Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101).

b. Specific Denials (Check this box and complete (1) and (2) below if complaint demands more than $1,000.) Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101) are true EXCEPT:

(1)Denial of Allegations in Complaint (Form UD-100 or Other Complaint for Unlawful Detainer)

(a)Defendant claims the following statements of the complaint are false (state paragraph numbers from the complaint or explain below or, if more room needed, on form MC-025):

Explanation is on form MC-025, titled as Attachment 2b(1)(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, if more room needed, on form MC-025):

Explanation is on form MC-025, titled as Attachment 2b(1)(b).

(2)Denial of Allegations in Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101)

(a)

Defendant did not receive plaintiff's Mandatory Cover Sheet and Supplemental Allegations (form UD-101). (If not checked, complete (b), (c), and (d), as appropriate.)

(b)

Defendant claims the statements in the Verification required for issuance of summons—residential, item 3 of plaintiff's Mandatory Cover Sheet and Supplemental Allegations (form UD-101), are false.

(c)Defendant claims the following statements on the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101) are false (state paragraph numbers from form UD-101 or explain below or, if more room

needed, on form MC-025):

 

Explanation is on form MC-025, titled as Attachment 2b(2)(c).

Page 1 of 5

Form Approved for Optional Use

 

Civil Code, § 1940 et seq.;

ANSWER—UNLAWFUL DETAINER

Code of Civil Procedure, §§ 425.12,

Judicial Council of California

1161 et seq., 1179.01 et seq.

UD-105 [Rev. October 1, 2021]

 

 

www.courts.ca.gov

 

 

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

2.b. (2) (d) Defendant has no information or belief that the following statements on the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101) are true, so defendant denies them (state paragraph numbers from form UD-101 or explain below or, if more room needed, on form MC-025):

Explanation is on form MC-025, titled as Attachment 2b(2)(d).

3.DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state brief facts to support it in item 3w (on page 4) or, if more room is needed, on form MC-025. You can learn more about defenses and objections at www.courts.ca.gov/selfhelp-eviction.htm.)

a.

 

 

 

(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

b.

 

 

 

 

 

 

 

not give proper credit.

 

 

 

 

 

 

 

c.

 

 

 

(Nonpayment of rent only) On (date):

before the notice to pay or quit expired, defendant offered

 

 

 

 

the rent due but plaintiff would not accept it.

 

 

 

 

 

 

 

d.

 

 

 

Plaintiff waived, changed, or canceled the notice to quit.

 

 

 

 

Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.

e.

 

 

 

 

 

 

By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the

f.

 

 

 

 

 

 

 

defendant in violation of the Constitution or the laws of the United States or California.

 

 

 

Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, title of

g.

 

 

 

 

 

 

 

ordinance, and date of passage):

 

 

 

 

 

(Also, briefly state in item 3w the facts showing violation of the ordinance.)

 

 

 

Plaintiff's demand for possession is subject to the Tenant Protection Act of 2019, Civil Code section 1946.2 or 1947.12,

h.

 

 

 

 

 

 

 

and is not in compliance with the act. (Check all that apply and briefly state in item 3w the facts that support each.)

(1)

 

 

 

Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate.

 

 

 

(2)

 

 

 

Plaintiff failed to provide an opportunity to cure any alleged violations of terms and conditions of the lease (other than

 

 

 

 

 

 

 

 

payment of rent) as required under Civil Code section 1946.2(c).

(3)

 

 

 

Plaintiff failed to comply with the relocation assistance requirements of Civil Code section 1946.2(d).

 

 

 

(4)

 

 

 

Plaintiff has raised the rent more than the amount allowed under Civil Code section 1947.12, and the only unpaid rent

 

 

 

 

 

 

 

 

is the unauthorized amount.

 

(5)

 

 

 

Plaintiff violated the Tenant Protection Act in another manner that defeats the complaint.

 

 

 

 

 

 

Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.

i.

 

 

 

 

 

 

Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that

j.

 

 

 

 

 

 

 

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).)

 

 

 

 

Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,

k.

 

 

 

 

 

 

 

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.

 

 

 

 

Plaintiff's demand for possession of a residential property is in retaliation for nonpayment of rent or other financial

l.

 

 

 

 

 

 

 

obligations due between March 1, 2020, and September 30, 2021, even though alleged to be based on other reasons.

 

 

 

 

(Civ. Code, § 1942.5(d); Gov. Code, § 12955.)

 

 

 

 

 

 

m.

 

 

 

Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations

 

 

 

 

due between March 1, 2020, and September 30, 2021, and (check all that apply):

(1)

 

 

 

Plaintiff did not serve the general notice or notices of rights under the COVID-19 Tenant Relief Act as required by

 

 

 

 

 

 

 

 

Code of Civil Procedure section 1179.04.

 

(2)

 

 

 

Plaintiff did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (c).)

 

 

 

 

 

 

 

 

 

 

UD-105 [Rev. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

Page 2 of 5

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

3. m. (3)

(4)

(5)

(6)

(a)

(b)

(c)

Plaintiff did not provide an unsigned declaration of COVID-19–related financial distress with the 15-day notice. (Code Civ. Proc., § 1179.03(d).)

Plaintiff did not provide an unsigned declaration of COVID-19–related financial distress in the language in which the landlord was required to provide a translation of the rental agreement. (Code Civ. Proc., § 1179.03(d).)

Plaintiff identified defendant as a “high-income tenant” in the 15-day notice, but plaintiff did not possess proof at the time the notice was served establishing that defendant met the definition of high-income tenant. (Code Civ. Proc., § 1179.02.5(b).)

Defendant delivered to plaintiff one or more declarations of COVID-19–related financial distress and, if required as a "high-income tenant," documentation in support. (Code Civ. Proc., §§ 1179.03(f) and 1179.02.5.)

(Describe when and how delivered and check all other items below that apply):

Plaintiff's demand for payment includes late fees on rent or other financial obligations due between March 1, 2020, and September 30, 2021.

Plaintiff's demand for payment includes fees for services that were increased or not previously charged.

Defendant, on or before September 30, 2021, paid or offered plaintiff payment of at least 25% of the total rental payments that were due between September 1, 2020, and September 30, 2021, and that were demanded in the termination notices for which defendant delivered the declarations described in (a). (Code Civ. Proc.,

§ 1179.03(g)(2).)

(7)

n.

(1)

(2)

Defendant is currently filing or has already filed a declaration of COVID-19–related financial distress with the court. (Code Civ. Proc., § 1179.03(h).)

Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations due between October 1, 2021, and March 31, 2022, and (check all that apply):

Plaintiff's notice to quit did not contain the required contact information for the pertinent governmental rental assistance program, or the other content required by Code of Civil Procedure section 1179.10(a). Plaintiff's notice to quit did not include a translation of the statutorily required notice. (Code Civ. Proc.,

§ 1179.10(a)(2) and Civ. Code, § 1632.)

o.

(1)

(2)

(3)

(4)

p.

For a tenancy initially established before October 1, 2021, plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations due between March 1, 2020, and March 31, 2022, and (check all that apply):

Plaintiff did not complete an application for rental assistance to cover the rental debt demanded in the complaint before filing the complaint in this action.

Plaintiff's application for rental assistance was not denied.

Plaintiff's application for rental assistance was denied for a reason that does not support issuance of a summons or judgment in an unlawful detainer action (check all that apply):

(a) Plaintiff did not fully or properly complete plaintiff's portion of the application. (Code Civ. Proc., § 1179.09(d)(2)(A).)

(b)

 

Plaintiff did not apply to the correct rental assistance program. (Code Civ. Proc., § 1179.09(d)(2)(C).)

Rental assistance has been approved and tenant is separately filing an application to prevent forfeiture (form UD-125).

Plaintiff's demand for possession of a residential property is based on nonpayment of rent or other financial obligations and (check all that apply):

(1)

(2)

(3)

Plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or some other source relating to the amount claimed in the notice to pay rent or quit. (Health & Saf. Code,

§§ 50897.1(d)(2)(B) and 50897.3(e)(2).)

Plaintiff received or has a pending application for rental assistance from a governmental rental assistance program or some other source for rent accruing since the notice to pay rent or quit. (Health & Saf. Code, §§ 50897.1(d)(2)(B) and 50897.3(e)(2).)

Plaintiff's demand for possession is based only on late fees for defendant's failure to provide landlord payment within 15 days of receiving governmental rental assistance. (Health & Saf. Code, § 50897.1(e)(2)(B).)

UD-105 [Rev. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

Page 3 of 5

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

3. q. Plaintiff violated the COVID-19 Tenant Relief Act (Code Civ. Proc., § 1179.01 et seq.) or a local COVID-19–related ordinance regarding evictions in some other way (briefly state facts describing this in item 3w).

r. The property is covered by the federal CARES Act and the plaintiff did not provide 30 days' notice to vacate. (Property covered by the CARES Act means property where the landlord:

•is participating in a covered housing program as defined by the Violence Against Women Act;

•is participating in the rural housing voucher program under section 542 of the Housing Act of 1949; or

•has a federally backed mortgage loan or a federally backed multifamily mortgage loan.)

s. Plaintiff improperly applied payments made by defendant in a tenancy that was in existence between March 1, 2020, and September 30, 2021 (Code Civ. Proc., § 1179.04.5), as follows (check all that apply):

(1) Plaintiff applied a security deposit to rent, or other financial obligations due, without tenant’s written agreement.

(2) Plaintiff applied a monthly rental payment to rent or other financial obligations that were due between March 1, 2020, and September 30, 2021, other than to the prospective month’s rent, without tenant’s written agreement.

t. Plaintiff refused to accept payment from a third party for rent due. (Civ. Code, § 1947.3; Gov. Code, § 12955.)

u. Defendant has a disability and plaintiff refused to provide a reasonable accommodation that was requested. (Cal. Code Regs,. tit. 2, § 12176(c).)

v. Other defenses and objections are stated in item 3w.

w.(Provide facts for each item checked above, either below or, if more room needed, on form MC-025):

Description of facts or defenses are on form MC-025, titled as Attachment 3w.

4. OTHER STATEMENTS

a.

 

Defendant vacated the premises on (date):

b. The fair rental value of the premises alleged in the complaint is excessive (explain below or, if more room needed, on form MC-025):

Explanation is on form MC-025, titled as Attachment 4b.

c.

Other (specify below or, if more room needed, on form MC-025):

Other statements are on form MC-025, titled as Attachment 4c.

5.DEFENDANT REQUESTS

a.that plaintiff take nothing requested in the complaint.

b.costs incurred in this proceeding.

c.

 

reasonable attorney fees.

d.

 

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.

UD-105 [Rev. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

Page 4 of 5

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

5. e.

Other (specify below or on form MC-025):

All other requests are stated on form MC-025, titled as Attachment 5e.

6. Number of pages attached:

UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400–6415)

7. (Must be completed in all cases.) An unlawful detainer assistant

 

did not

 

did

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):

a.

Assistant's name:

 

b.

Telephone number:

 

c.

Street address, city, and zip code:

 

 

 

 

 

 

d.

County of registration:

e. Registration number:

 

 

f. Expiration date:

(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless defendant's attorney signs.)

(TYPE OR PRINT NAME)

(TYPE OR PRINT NAME)

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

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.

Date:

(TYPE OR PRINT NAME)

Date:

(TYPE OR PRINT NAME)

Date:

(SIGNATURE OF DEFENDANT)

(SIGNATURE OF DEFENDANT)

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT)

 

UD-105 [Rev. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

 

Page 5 of 5

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Form Data

Fact Name Description
Form Identification UD-105 is known as the "ANSWER—UNLAWFUL DETAINER" form.
Purpose Used by a defendant to respond to a complaint regarding unlawful detainer in California.
Governing Law Guided by Civil Code, §§ 1940 et seq. and Code of Civil Procedure, §§ 425.12, 1161 et seq., 1179.01 et seq.
Denial Options Defendants can choose between a General Denial and Specific Denials depending on the complaint demands.
Supplemental Allegations Defendants must address statements in the Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer.
Defenses and Objections Offers a section for defendants to check relevant defenses or objections, with space for detailed explanations.
Additional Statements and Requests Defendants have the option to vacate premises, claim excessive rent, among other requests for relief or action.

Instructions on Utilizing Ud 105

Filling out the UD-105 form, also known as the Answer—Unlawful Detainer, is a critical step in responding to an eviction notice in California. This document allows a tenant to present their side of the story in court. The form must be completed and filed with the court timely to ensure your right to contest the eviction is preserved. The steps below guide you through filling out the form accurately.

  1. At the top of the form, fill in your information under "ATTORNEY OR PARTY WITHOUT ATTORNEY". This includes your name, address, phone number, and email. If you're representing yourself, leave the State Bar Number blank.
  2. Under the "SUPERIOR COURT OF CALIFORNIA, COUNTY OF" section, enter the court's information as provided on the eviction notice or complaint you received.
  3. Next, fill in the case number, plaintiff's name, and your name as the defendant in the designated spots.
  4. In section 1, list all defendants involved in the case and ensure that each named defendant signs the form unless represented by an attorney.
  5. For section 2, "DENIALS", you must choose between a. General Denial or b. Specific Denials.
    • If choosing a., check the box next to General Denial.
    • If selecting b., check its box and fill in the specific paragraphs of the complaint you are denying.
  6. In section 3, "DEFENSES AND OBJECTIONS", check the boxes that apply to your defense and provide brief facts supporting each checked box in the space provided or on form MC-025 if more room is needed.
  7. Section 4, "OTHER STATEMENTS", allows you to make additional statements regarding the case. This includes if you've vacated the premises, believe the rent is excessive, or have other relevant information.
  8. Section 5, "DEFENDANT REQUESTS", is where you outline what you're asking from the court. This can include requests for the plaintiff to make repairs, cover your costs, or other specific demands.
  9. Indicate the Number of pages attached if you've attached additional documents.
  10. Complete the "UNLAWFUL DETAINER ASSISTANT" section if an assistant helped you fill out the form.
  11. Finally, the "VERIFICATION" section at the end of the form must be signed by each defendant, declaring under penalty of perjury that the statements in the form are accurate.

Making sure your UD-105 form is correctly filled out and filed is essential to ensuring your voice is heard in court. It's your opportunity to present your case and contest the eviction notice legally. Once submitted, the court will review your response and proceed with scheduling a hearing or court date to further address the matter.

Obtain Answers on Ud 105

Frequently Asked Questions about the UD-105 Form:

  1. What is the UD-105 form?

    The UD-105 form, also known as the Answer—Unlawful Detainer form, is a legal document used by defendants in California to respond to a complaint of unlawful detainer (eviction) filed against them. This form allows defendants to provide their side of the story, claim any defenses against the eviction, and make requests from the court.

  2. When should you file a UD-105 form?

    You must file a UD-105 form within 5 days of being served with an unlawful detainer complaint if the eviction is based on residential property. This deadline is critical; failing to meet it may result in a default judgment against you, potentially leading to eviction without your defense being heard.

  3. How do you file a UD-105 form?

    The UD-105 form must be completed, including all relevant details about your defenses or objections to the eviction. Once filled out, it must be filed with the court listed on the eviction notice or where the eviction case was opened. A copy must also be given or mailed to the landlord or their attorney. It's advisable to keep proof of this service.

  4. Can you list some common defenses on the UD-105 form?

    • Plaintiff did not follow proper eviction procedures.
    • Property conditions violate health and safety codes.
    • Rent was paid or improperly demanded.
    • Eviction is based on discrimination or retaliation.

    Each defense checked on the form must be supported with brief facts or a detailed attachment if more room is needed.

  5. What happens after filing a UD-105 form?

    After filing your answer (the UD-105 form), the court will set a date for a hearing or trial. This stage gives both parties—the tenant and landlord—an opportunity to present evidence and argue their case before a judge. It's crucial to prepare your case, gather evidence, and possibly seek legal representation to ensure your defense is adequately presented.

  6. Is legal assistance available for filling out the UD-105 form?

    Yes, legal assistance may be available through legal aid organizations, tenant unions, or private attorneys specializing in landlord-tenant law. It's important to seek guidance if you're unsure about any part of the form or your defense, as mistakes can affect the outcome of your case. Additionally, the form itself offers a section to indicate if an "unlawful detainer assistant" has helped you, requiring their contact information and registration details to be filled.

Common mistakes

  1. Not correctly identifying all defendants. This involves ensuring every person named in the lawsuit as a defendant is listed and signs the form, unless represented by an attorney. Failure to do so can result in an incomplete defense.

  2. Choosing the wrong type of denial. The form offers a choice between a General Denial and Specific Denials, which depend on the amount demanded in the complaint. Selecting the incorrect option can undermine the defendant's legal strategy.

  3. Omitting to complete sections related to denials properly. For specific denials, each statement from the complaint that is being contested must be clearly identified and explained on the form or the attached MC-025 form if more space is needed.

  4. Ignoring the Mandatory Cover Sheet and Supplemental Allegations section. Defendants sometimes fail to refute or address statements found in the Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations, which can weaken their case.

  5. Failing to list all defenses and objections. The form lists various defenses that can be raised in an unlawful detainer case. Not accurately checking off relevant boxes or providing necessary factual support for each defense leaves valid arguments unmade.

  6. Neglecting to detail the facts supporting each defense. Merely checking a box for a defense without providing a succinct explanation of the facts that support this defense is a common oversight that diminishes the effectiveness of the defense.

  7. Not attaching additional pages when needed. If the space provided in the form is insufficient, defendants should attach form MC-025 to elaborate on their answers or defenses, specifying this by checking the relevant boxes.

  8. Incorrectly completing the section on other statements. This section allows for explanations about vacating the premises, the rental value of the premises, among other things. Inadequate details here can lead to missed opportunities to influence the case outcome.

  9. Failing to list all requests accurately in the defendant requests section. This could involve requests for the court to dismiss the case, order repairs, or other relief. Missing or incorrectly detailing these requests can hinder the defendant's case.

  10. Improper or missing signatures and verification. Every named defendant must sign the form unless an attorney signs on their behalf. Additionally, the verification at the end of the form must be filled out correctly, affirming under penalty of perjury that the information provided is true and correct.

These mistakes can significantly impact the outcome of an unlawful detainer case, potentially leading to unfavorable judgments for defendants. Applicants must approach this document with precision and thoroughness, consulting legal resources or professionals as necessary to ensure their responses are appropriately formulated and complete.

Documents used along the form

When addressing an unlawful detainer (eviction) case, various forms and documents supplement the UD-105, Answer—Unlawful Detainer form, to ensure comprehensive legal representation and adherence to procedure. These forms are instrumental in compiling a detailed and substantiated response to an eviction notice, facilitating tenants to assert their rights and defenses effectively.

  • UD-100, Complaint—Unlawful Detainer: This form is where a landlord officially begins the eviction process in court against a tenant. It outlines the reasons for the eviction, including details of the lease violation or rent arrears. Tenants need this to fully understand the claims against them to respond accurately in their UD-105 form.
  • UD-101, Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer: It accompanies the UD-100 form, providing additional necessary details for the court's understanding of the eviction case. For tenants, this document is crucial for addressing each point of contention in their answer.
  • MC-025, Attachment: This form is used when additional space is needed to provide explanations or details that don’t fit in the initial answering document. It ensures that the tenant can fully articulate their defenses or objections to the eviction.
  • UD-116, Plaintiff’s Statement to Clerk: Used by landlords to request a default judgment when a tenant fails to respond to an eviction notice, this form is important for tenants to be aware of, highlighting the importance of timely answering an unlawful detainer complaint.
  • CP10.5, Proof of Service of Summons: This form shows that the tenant was properly served with the eviction notice, a critical aspect of the eviction process that tenants must scrutinize to ensure the legality of their eviction proceedings.

Comprehending and accurately responding to each aspect of these associated forms is pivotal in mounting an effective defense against eviction. Tenants are encouraged to review and understand these documents fully or seek legal assistance to navigate the complexities of eviction procedures effectively. Remember, the thorough completion and timely submission of relevant forms play a critical role in protecting your rights as a tenant.

Similar forms

  • The Summons - Unlawful Detainer-Eviction (Form SUM-130) is similar to the UD-105 form because it is also used in the eviction process, specifically as the document that notifies the defendant of the lawsuit against them, initiating the eviction procedure. Both forms are part of the legal process required to manage disputes between landlords and tenants over possession of a property.

  • Complaint - Unlawful Detainer (Form UD-100) shares similarities with the UD-105 as they both play pivotal roles in eviction proceedings. While the UD-105 serves as the tenant's formal response to an eviction notice, the UD-100 is the document that a landlord files to begin the eviction lawsuit. Both forms are essential for processing an eviction case in court.

  • The Proof of Service of Summons (Form POS-010) is related to the UD-105 in the sense that, after filing the UD-105, the defendant might need to use the POS-010 to prove that all necessary documents, including the summons and the complaint, were properly served to the other party. Both forms are integral to ensuring that legal proceedings are conducted fairly and transparently.

  • Request for Entry of Default (Application to Enter Default) (Form CIV-100) is somewhat similar to the UD-105 because if the defendant does not respond within the stipulated time using the UD-105, the plaintiff can file the CIV-100. This form moves the court to enter a default judgment against the defendant for not responding, advancing the case in the plaintiff's favor.

  • The Stipulation for Entry of Judgment (Unlawful Detainer) (Form UD-115) is comparable to the UD-105 as they both can dictate the course of an eviction case. While the UD-105 is the tenant's opportunity to contest the eviction, the UD-115 is a mutual agreement between tenant and landlord to settle the eviction without further court hearings, influencing the outcome based on agreed terms rather than a judge's ruling.

  • Notice of Motion to Set Aside Judgment of Dismissal (Form CIV-100), like the UD-105, is part of the judicial process where parties can contest or agree to the progress of the case. If a default judgment has been entered due to the tenant not filing the UD-105, they might file this form to attempt to set aside the judgment and re-enter the legal dispute, aiming to halt or reverse eviction proceedings.

  • The Application for Issuance of Writ of Execution, Possession, or Sale (Form EJ-130) is indirectly related to the UD-105 because, in the event of a judgment against the defendant, this form is used by the landlord to enforce the judgment, which could include eviction. The UD-105 is the defense's primary tool to prevent reaching the point where the landlord would need to file the EJ-130.

  • Mandatory Cover Sheet and Supplemental Allegations — Unlawful Detainer (Form UD-101) closely ties with the UD-105 as it contains supplemental information required for an unlawful detainer (eviction) case to proceed. It often accompanies the UD-100 form when a complaint is filed, and the responses provided in the UD-105 directly answer to allegations or information presented in the UD-101.

Dos and Don'ts

Filling out the UD-105 form, the Answer—Unlawful Detainer, is a crucial step for defendants in eviction proceedings. Paying close attention to details and understanding the form's requirements can significantly impact the case's outcome. Below are recommended dos and don'ts to consider:

  • Do read the entire form carefully before you start filling it out. Understanding each section can help you provide accurate and relevant information.
  • Do ensure that all defendants named in the eviction notice are included in item 1 and that they either sign the form themselves or are represented by an attorney who can sign on their behalf.
  • Do carefully consider your defenses and objections. The form lists several common defenses to eviction actions—make sure to check all that apply and provide a brief statement of facts for each defense in item 3w or on form MC-025 if more space is needed.
  • Do use additional forms if needed. For example, if you need more room to explain your denials or defenses, form MC-025 is referenced for that purpose. Ensure additional pages are clearly marked and attached.
  • Do verify all the information you provide. Before signing the form under penalty of perjury, double-check your answers and make sure everything is true and correct to the best of your knowledge.
  • Don't leave sections blank if they apply to your situation. Incomplete forms or missing information can negatively affect your case.
  • Don't forget to provide contact information for any unlawful detainer assistant used. If someone helped you for compensation, their details must be included in section 7.

Accuracy, attention to detail, and understanding your rights and obligations are key when filling out the UD-105 form. By following these recommendations, you can properly present your side of the case to the court.

Misconceptions

Understanding the UD-105 form, commonly associated with Unlawful Detainer actions in California, can sometimes be confusing due to widespread misconceptions. Here are nine misunderstandings and explanations to clarify the use and implications of this legal document.

  • Misconception: The UD-105 form is only for tenants to deny all allegations made by landlords.

    Truth: While part of the UD-105 form allows tenants to deny the allegations made by their landlord, it also enables them to assert affirmatives defenses, state facts, and make other claims or requests relating to the unlawful detainer action.

  • Misconception: Filling out the UD-105 form is the only step a defendant needs to take to contest an eviction.

    Truth: Completing and submitting the UD-105 form is a critical step for tenants in contesting an eviction. Nonetheless, it often marks just the beginning of a legal process that may involve court appearances, providing evidence, and potentially engaging in mediation or other dispute resolution processes.

  • Misconception: If a defendant fills out the UD-105 form, they cannot be evicted.

    Truth: Filling out and filing the UD-105 form allows tenants to formally respond to an eviction lawsuit, but it does not guarantee that they cannot be evicted. The court's decision will be based on the law and the evidence presented by both parties.

  • Misconception: There is no need to provide evidence for the defenses listed on the UD-105 form.

    Truth: While the UD-105 form allows defendants to list their defenses, they will need to provide evidence supporting those defenses in court. Preparation and presenting relevant documentation, witness statements, or other proof is critical for a defense to be considered valid.

  • Misconception: Any attorney can represent a defendant in filling out the UD-105 form.

    Truth: While any licensed attorney can technically assist with the form, it's beneficial for a defendant to seek help from an attorney specializing in landlord-tenant law or specifically in eviction cases to ensure the response is comprehensive and appropriate.

  • Misconception: The UD-105 form offers a way to claim financial damages against the landlord.

    Truth: The primary purpose of the UD-105 form is for the tenant to respond to an eviction lawsuit. While it allows for the assertion of claims related to wrongful eviction attempts, claims for financial damages typically require filing a separate lawsuit or a counterclaim if permitted under state law.

  • Misconception: Once the UD-105 form is filed, the eviction process is paused until the court date.

    Truth: Filing the UD-105 form does not automatically pause the eviction process. In some cases, especially under specific local or state moratoriums, additional steps must be taken to delay eviction proceedings.

  • Misconception: Defendants have to pay to file the UD-105 form.

    Truth: Filing fees for the UD-105 form vary by jurisdiction. In some cases, fee waivers are available for qualifying low-income defendants. It's crucial to check with the local court to understand any costs involved.

  • Misconception: The UD-105 form can be filed at any time during the eviction process.

    Truth: There are specific deadlines by which the UD-105 form must be filed, typically within a certain number of days after being served with the eviction notice. Missing these deadlines can severely impact one's ability to contest the eviction.

Understanding these aspects of the UD-105 form is crucial for tenants facing an unlawful detainer lawsuit in California. It's not just about denying allegations; it's about actively participating in the legal process to protect one's rights and residence.

Key takeaways

When dealing with a UD-105 form, also known as the "Answer—Unlawful Detainer," it's crucial to understand its significance and how to appropriately fill it out. This form serves as the defendant's response in an eviction case, allowing them to present their side of the story and any defenses they may have. Here are eight key takeaways about filling out and using the UD-105 form:

  • Defendants should accurately provide their personal information and case number at the top of the UD-105 form to ensure their answer is correctly associated with their case.
  • When responding to the complaint, defendants have the option to issue a general denial or make specific denials. A general denial is suitable when the claim demands $1,000 or less, contesting all allegations simultaneously. Conversely, specific denials allow the defendant to refute particular allegations, especially in cases demanding more than $1,000.
  • It's critical to check off and complete the appropriate sections related to denials, ensuring that any denial of specific allegations is clearly outlined, and if necessary, additional explanations are attached using form MC-025.
  • The form allows defendants to list defenses or objections to the eviction, ranging from issues regarding habitability to claims of retaliation. Defendants should select all defenses that apply to their situation and provide a brief statement of facts to support each defense.
  • For tenants who faced hardships due to COVID-19, the form includes sections to indicate compliance with COVID-19 Tenant Relief Acts or other pandemic-related defenses, allowing defendants to potentially defend against eviction on these grounds.
  • Defendants can request various forms of relief through the UD-105 form, such as requesting the court to dismiss the complaint, award costs of the proceeding to the defendant, or mandate the plaintiff to make repairs.
  • If an unlawful detainer assistant helped fill out the form, this must be disclosed in section 7, including the assistant’s name, contact information, and registration details, to comply with legal requirements.
  • Signing the form and completing the verification section is mandatory, as it certifies under penalty of perjury that the information provided is true and accurate. Defendants should ensure all information is correct before signing.

Filling out the UD-105 form carefully and thoughtfully is imperative for defendants in an eviction proceeding. It provides a valuable opportunity to present one's case, assert defenses, and potentially influence the outcome of the eviction process.

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