Article Guide
The California UD-105 form plays a crucial role in the unlawful detainer process, which is the legal term for eviction proceedings. This form serves as the official response of a defendant—typically a tenant—to a landlord's complaint for eviction. It is essential for defendants to accurately complete this form to present their case effectively. The UD-105 allows defendants to either admit or deny the allegations made in the complaint, providing a structured way to respond to each claim. Additionally, it offers space for defendants to outline any affirmative defenses, such as claims of nonpayment of rent due to uninhabitable conditions or improper eviction practices by the landlord. The form also includes sections where defendants can request specific remedies, like repairs or adjustments to rental terms. By filling out this form, defendants can assert their rights and protect their interests in a legal setting, ensuring that their voice is heard in the eviction process.
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) : |
TELEPHONE NO.: |
FOR COURT USE ONLY |
ATTORNEY FOR (Name) :
NAME OF COURT: HUMBOLDT SUPERIOR COURT
STREET ADDRESS: 825 5TH ST.
MAILING ADDRESS:
CITY AND ZIP CODE: EUREKA, CA 95501
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
ANSWER - Unlawful Detainer |
CASE NUMBER: |
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1.Defendant (names) :
answers the complaint as follows:
2.Check ONLY ONE of the next two boxes:
a. Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more than $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 (use paragraph numbers from the complaint or explain) :
Continued on Attachment 2b(1).
(2)Defendant has no information or belief that the following statements of the complaint are true, so defendant denies them (use paragraph numbers from the complaint or explain) :
Continued on Attachment 2b(2).
3. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in the space provided at the top of page two (item 3j).)
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. |
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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. |
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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 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 the facts showing violation of the ordinance in item 3j.)
h. Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired. i. Other affirmative defenses are stated in item 3j.
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Form Approved by the Judicial Council of California
ANSWER - Unlawful Detainer
Civil Code, § 1940 et seq.; Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLAINTIFF (Name) :
DEFENDANT (Name) :
CASE NUMBER:
3.AFFIRMATIVE DEFENSES (cont'd)
j. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one) :
(1) All the facts are stated in Attachment 3j. |
(2) Facts are continued in Attachment 3j. |
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) :
c. Other (specify) :
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.
e. other (specify) :
6. Number of pages attached (specify) :
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections
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: |
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b. Telephone No.: |
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c. Street address, city, and ZIP: |
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d. County of registration: |
e. Registration No.: |
f. Expires on (date) : |
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(TYPE OR PRINT NAME) |
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(SIGNATURE OF DEFENDANT OR ATTORNEY) |
(TYPE OR PRINT NAME) |
(SIGNATURE OF DEFENDANT OR ATTORNEY) |
(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.)
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:
................................................................................................................................................................. |
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(TYPE OR PRINT NAME) |
(SIGNATURE OF DEFENDANT) |
ANSWER - Unlawful Detainer
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Form Specifications
| Fact Name | Details |
|---|---|
| Form Title | UD-105 is titled "ANSWER - Unlawful Detainer." |
| Governing Law | This form is governed by California Civil Code, § 1940 et seq. and Code of Civil Procedure, § 425.12. |
| Purpose | It allows defendants to respond to an unlawful detainer complaint. |
| Defendant's Options | Defendants can either deny or admit the statements in the complaint. |
| Affirmative Defenses | Defendants can assert various affirmative defenses, such as nonpayment of rent or retaliatory eviction. |
| Attachments | Additional information can be provided in attached documents, referenced as Attachments 2b(1), 2b(2), and 3j. |
| Defendant's Requests | Defendants can request costs, attorney fees, or specific actions from the plaintiff. |
| Signature Requirement | Each defendant must sign the form unless represented by an attorney. |
| Verification | Defendants must declare the truth of the information under penalty of perjury. |
| Form Revision Date | The UD-105 form was last revised on January 1, 2007. |
California Ud 105: Usage Guidelines
Completing the California UD-105 form is a crucial step in responding to an unlawful detainer action. This form allows defendants to present their answers to the court regarding the allegations made by the plaintiff. Following these steps will help ensure that the form is filled out correctly and submitted in a timely manner.
- At the top of the form, fill in your name and address as the defendant. Include your telephone number for contact purposes.
- Identify the court by entering "Humboldt Superior Court" along with the street address (825 5th St.) and mailing address (Eureka, CA 95501).
- In the section for the case number, enter the number assigned to your case.
- List the names of the plaintiff and defendant in the designated areas.
- For item 1, indicate how you answer the complaint by checking one of the two boxes: either deny all allegations or admit to some while specifying which statements you find false or have no information about.
- If you checked the second box in item 2, provide details about the specific statements you deny or claim are false, referencing the paragraph numbers from the complaint.
- In item 3, check any affirmative defenses that apply to your situation. For each checked box, provide a brief explanation of the facts supporting your defense in the space provided on the second page.
- Complete item 4 by providing any additional statements that are relevant, such as the date you vacated the premises or if you believe the rental value is excessive.
- In item 5, indicate your requests to the court. This may include asking the plaintiff to take nothing from the complaint or requesting costs and attorney fees.
- In item 6, specify the number of pages you are attaching to support your answers.
- Complete item 7 if you received assistance from an unlawful detainer assistant. Provide their name, contact information, and registration details if applicable.
- Finally, sign the form, including the date, and ensure that each defendant named in the answer has signed as well.
Your Questions, Answered
What is the California UD-105 form?
The California UD-105 form is a legal document used by defendants in unlawful detainer actions, which are typically eviction cases. This form allows defendants to respond to a complaint filed by a landlord. It outlines the defendant's answers to the allegations made in the complaint and provides a space for affirmative defenses and other relevant statements.
Who should use the UD-105 form?
The UD-105 form should be used by individuals who have been served with an unlawful detainer complaint in California. If you are a tenant facing eviction, this form is your opportunity to formally respond to the claims made by your landlord and assert any defenses you may have.
How do I fill out the UD-105 form?
To complete the UD-105 form, begin by filling in your name and address, as well as the name of the court and case number. You will then need to answer the complaint by either denying or admitting the allegations. If you deny any statements, specify which ones and provide explanations. Additionally, you can assert affirmative defenses by checking the appropriate boxes and providing supporting facts.
What are affirmative defenses?
Affirmative defenses are reasons that a defendant can provide to justify why they should not be evicted, even if the landlord's claims are true. Examples include the landlord's failure to maintain habitable living conditions or retaliatory eviction. It is essential to provide specific facts that support each defense you claim.
What if I need more space to explain my answers?
If you require additional space to explain your answers or to provide supporting facts for your affirmative defenses, you can attach extra pages to the UD-105 form. Make sure to label these attachments clearly and refer to them in the appropriate sections of the form.
What happens after I submit the UD-105 form?
Once you submit the UD-105 form to the court, a hearing will typically be scheduled. You will receive a notice of the hearing date, and it is crucial to attend. During the hearing, both you and the landlord will have the opportunity to present your cases before a judge.
Can I request attorney fees on the UD-105 form?
Yes, you can request reasonable attorney fees on the UD-105 form if you believe that you are entitled to them. This request is made in the section where you can specify what you are asking the court to order, alongside other requests such as repairs or reduction of rent.
Is there a deadline for submitting the UD-105 form?
Yes, there is a deadline for submitting the UD-105 form. Generally, you must file your response within five days of being served with the unlawful detainer complaint. Failing to respond in time may result in a default judgment against you, which could lead to eviction.
What if I need help filling out the UD-105 form?
If you need assistance with the UD-105 form, you may seek help from a legal aid organization or an attorney. Be cautious when using unlawful detainer assistants, as they must comply with specific regulations. If you receive help from one, you must disclose their information on the form.
Where can I find the UD-105 form?
The UD-105 form can be obtained from the California courts' official website or directly from the courthouse where your case is being handled. It is important to ensure that you are using the most current version of the form to avoid any complications.
Common mistakes
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Failing to Provide Accurate Information: Individuals often make mistakes by not accurately filling out their name, address, or contact details. This can lead to confusion and delays in the legal process.
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Incorrectly Checking Boxes: Many people check the wrong box when indicating their response to the complaint. It’s crucial to understand the implications of each option before making a selection.
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Neglecting to State Affirmative Defenses: Some defendants forget to list their affirmative defenses. This omission can weaken their position in court.
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Inadequate Supporting Facts: When stating affirmative defenses, it’s essential to provide adequate supporting facts. A lack of detail can lead to rejection of the defenses.
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Ignoring Attachments: Failing to reference or attach necessary documents can create gaps in the case. Ensure all relevant attachments are included and properly labeled.
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Not Signing the Form: Every defendant listed must sign the form. Forgetting to do so can result in the court not accepting the filing.
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Missing Deadlines: People often overlook the importance of filing the form within the specified time frame. Late submissions can jeopardize the case.
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Failing to Seek Assistance: Some individuals hesitate to seek help from legal professionals or unlawful detainer assistants. Their guidance can be invaluable in avoiding common pitfalls.
Documents used along the form
The California UD-105 form is an essential document used in unlawful detainer actions, often related to eviction proceedings. Several other forms and documents may accompany it to ensure a comprehensive legal process. Here’s a brief overview of these related documents.
- UD-100: Complaint - Unlawful Detainer - This form initiates the unlawful detainer action. It outlines the plaintiff's claims against the defendant, including the basis for eviction and the amount of rent owed, if applicable.
- UD-106: Judgment - Unlawful Detainer - After the court hears the case, this document records the court's decision. It specifies whether the plaintiff or defendant prevails and details any orders for possession or damages.
- UD-107: Request for Entry of Default - If the defendant fails to respond to the complaint within the required time, the plaintiff can use this form to request a default judgment. It allows the plaintiff to proceed without the defendant’s participation.
- UD-108: Application for Writ of Possession - This form is used to request the court to issue a writ of possession, allowing the plaintiff to regain control of the property after winning the case. It is a critical step in enforcing the judgment.
- UD-109: Notice of Entry of Judgment - Once a judgment is made, this document notifies the parties involved of the judgment's entry. It is essential for informing the defendant of their legal obligations following the court's decision.
- Proof of Service - This document confirms that all parties have been properly notified of the legal actions taken. It includes details about how and when the documents were served, ensuring compliance with legal requirements.
Understanding these forms is crucial for anyone involved in unlawful detainer proceedings in California. Each document plays a specific role in the process, helping to protect the rights of both landlords and tenants.
Similar forms
The California UD-105 form, used for responding to unlawful detainer actions, shares similarities with several other legal documents. Each of these documents serves a specific purpose in the legal process related to landlord-tenant disputes. Below are four documents that are similar to the UD-105 form:
- California UD-100 Form: This form is used by landlords to initiate an unlawful detainer action. Like the UD-105, it outlines the parties involved and the basis for the claim. Both forms are essential in the eviction process, but the UD-100 is filed by the plaintiff, while the UD-105 is the defendant's response.
- California UD-120 Form: The UD-120 is a request for entry of default judgment. It is similar to the UD-105 in that it addresses the consequences of a defendant's failure to respond to an unlawful detainer complaint. Both forms are part of the eviction process, focusing on the rights and responsibilities of the parties involved.
- California UD-140 Form: This form is used for a judgment in unlawful detainer cases. It is similar to the UD-105 because it documents the outcome of the case, including the court's decision on possession and any damages awarded. Both forms are critical in the resolution of eviction disputes.
- California Form SC-100: The SC-100 form is a small claims court plaintiff's claim and order to go to small claims court. This document is similar to the UD-105 in that it allows parties to present their case in a simplified manner. Both forms aim to facilitate the resolution of disputes, although they apply to different types of claims.
Dos and Don'ts
When filling out the California UD-105 form, there are several important dos and don'ts to keep in mind. Following these guidelines can help ensure that your submission is clear and complete.
- Do read the entire form carefully before starting. Understanding each section will help you provide accurate information.
- Do fill in all required fields. Missing information can delay your case or lead to complications.
- Do use clear and concise language. This makes it easier for the court to understand your position.
- Do keep a copy of the completed form for your records. This will be useful for future reference.
- Do seek assistance if needed. If you're unsure about any part of the form, consider consulting a legal professional.
- Don't leave any sections blank unless instructed. Each part of the form serves a purpose.
- Don't use legal jargon or complicated terms. Simplicity is key for clarity.
- Don't forget to sign and date the form. An unsigned form may be rejected.
- Don't submit the form without checking for errors. Typos or inaccuracies can cause issues.
- Don't ignore deadlines. Make sure to file the form within the required time frame to avoid penalties.
Misconceptions
There are several misconceptions about the California UD-105 form, which is used in unlawful detainer cases. Understanding these misconceptions can help individuals navigate the legal process more effectively.
- The UD-105 form is only for tenants who are being evicted. This form can also be used by defendants in response to a complaint, regardless of whether they are currently living in the rental unit.
- You must have an attorney to use the UD-105 form. While legal assistance can be beneficial, individuals can complete the form on their own if they choose to represent themselves.
- Filing the UD-105 form automatically stops the eviction process. Submitting the form does not halt eviction proceedings. It is essential to file it promptly and follow up with the court.
- The form only allows for a general denial of the complaint. The UD-105 provides options for specific defenses and allows defendants to admit certain statements while denying others.
- All affirmative defenses must be included in the initial filing. While it is encouraged to state defenses clearly, additional defenses can be raised later in the process if necessary.
- There is no need to provide evidence with the UD-105 form. While the form does not require evidence at the time of filing, defendants must be prepared to support their claims in court.
- Once the form is filed, the case will be resolved quickly. The legal process can take time, and defendants should be prepared for hearings and possible delays.
Key takeaways
When dealing with the California UD-105 form, which is used for responding to unlawful detainer actions, there are several important points to keep in mind:
- Understand the Purpose: The UD-105 form serves as an official response to a landlord's complaint regarding eviction. It's crucial to fill it out accurately to protect your rights as a tenant.
- Choose Your Defense Carefully: You must select one of the two main options regarding the complaint: either deny all statements or admit to some while disputing others. This choice sets the tone for your response.
- Provide Supporting Facts: If you check any affirmative defenses, you need to briefly explain your reasons for each one. This information is essential for the court to understand your position and may influence the outcome of your case.
- File on Time: Timeliness is key. The UD-105 form must be submitted within a specific timeframe after receiving the complaint. Failing to do so could result in a default judgment against you.