Answer - Unlawful Detainer
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2UD-105
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
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:
CASE NUMBER:
ANSWER—UNLAWFUL DETAINER
1.
Defendant (each defendant for whom this answer is filed must be named and must sign this answer unless his or her attorney
signs):
answers the complaint as follows:
2. Check ONLY ONE of the next two boxes:
Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than
a.
$1,000.)
b.
Defendant admits that all of the statements of the complaint are true EXCEPT:
(1)
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).
(2)
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):
Explanation is on MC-025, titled as Attachment 2b(2).
3.
AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in item 3k (top of page 2).)
a.
(nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
b.
(nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did
not give proper credit.
On (date):
c.
(nonpayment of rent only)
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.
e.
Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
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.
g.
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 3k the facts showing violation of the ordinance.)
h.
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 acts against defendant or a member of defendant's household that constitute
domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. (A temporary
restraining order, protective order, or police report not more than 180 days old is required naming you or your household
member as the protected party or a victim of these crimes.)
j.
Other affirmative defenses are stated in item 3k.
Page 1 of 2
Civil Code, § 1940 et seq.;
Form Approved for Optional Use
ANSWER—UNLAWFUL DETAINER
Judicial Council of California
Code of Civil Procedure, § 425.12, § 1161 et seq.
UD-105 [Rev. January 2, 2014]
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