The California Fi 128 form is a legal document used in unlawful detainer proceedings, which are cases involving the eviction of tenants. This form includes a series of interrogatories designed to gather pertinent information from both the asking and answering parties regarding the rental situation. Understanding how to fill out this form correctly is crucial for anyone involved in such proceedings.
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The California Fi 128 form is a crucial document used in unlawful detainer proceedings, which are legal actions initiated by landlords to regain possession of rental properties. This form includes essential information such as the names and addresses of the parties involved, the court details, and the case title. It also provides a structured set of interrogatories designed to gather pertinent information from both the asking and answering parties. The form outlines specific instructions for both parties, emphasizing the importance of timely responses and the potential consequences for failing to comply. Additionally, it defines key terms related to the rental agreement and the parties involved, ensuring clarity throughout the process. By utilizing the Fi 128 form, parties can effectively communicate their positions and facilitate the resolution of disputes regarding rental properties.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):
TEL. NO.:
UNLAWFUL DETAINER ASSISTANT
(Check one box): An unlawful detainer assistant
did
did not for compensation give advice or
assistance with this form. (If one did, state the following):
ASSISTANT'S NAME:
ATTORNEY FOR (Name):
ADDRESS:
NAME OF COURT AND JUDICIAL DISTRICT AND BRANCH COURT, IF ANY:
SHORT TITLE OF CASE:
COUNTY OF REGISTRATION:
REGISTRATION NO.:
EXPIRES (DATE):
FORM INTERROGATORIES — UNLAWFUL DETAINER
CASE NUMBER:
Asking Party:
Answering Party:
Set No.:
Sec. 1. Instructions to All Parties
(a)These are general instructions. For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure section 2030 and the cases construing it.
(b)These interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or objection.
Sec. 2. Instructions to the Asking Party
(a)These interrogatories are designed for optional use in unlawful detainer proceedings.
(b)There are restrictions that generally limit the number of interrogatories that may be asked and the form and use of the interrogatories. For details, read Code of Civil Procedure section 2030(c).
(c)In determining whether to use these or any interroga- tories, you should be aware that abuse can be punished by sanctions, including fines and attorney fees. See Code of Civil Procedure sections 128.5 and 128.7.
(d)Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case.
(e)Additional interrogatories may be attached.
Sec. 3. Instructions to the Answering Party
(a)An answer or other appropriate response must be given to each interrogatory checked by the asking party. Failure to respond to these interrogatories properly can be punished by sanctions, including contempt proceedings, fine, attorneys fees, and the loss of your case. See Code of Civil Procedure sections 128.5, 128.7, and 2030.
(b)As a general rule, within five days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code Of Civil Procedure section 2030 for details.
(c)Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible.
(d)If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party.
(e)Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found.
(f)Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information.
(g)Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers:
''I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct.
(DATE)
(SIGNATURE)
Sec. 4. Definitions
Words in BOLDFACE CAPITALS in these interrogatories are defined as follows:
(a)PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.
(b)PLAINTIFF includes any PERSON who seeks recovery of the RENTAL UNIT whether acting as an individual or on someone's behalf and includes all such PERSONS if more than one.
(Continued)
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Form Approved by the Judicial Council of California Fl-128 [Rev. July 1, 1987] [Page 1 revised July 1, 1996]
FORM INTERROGATORIES
UNLAWFUL DETAINER
WEST GROUP
Official Publisher
CCP 2030, 2033.5
(c) LANDLORD includes any PERSON who offered the RENTAL UNIT for rent and any PERSON on whose behalf the RENTAL UNIT was offered for rent and their successors in interest. LANDLORD includes all PERSONS who managed the PROPERTY while defendant was in possession.
(d)RENTAL UNIT is the premises PLAINTIFF seeks to
recover.
(e)PROPERTY is the building or parcel (including common areas) of which the RENTAL UNIT is a part. (For example, if
PLAINTIFF is seeking to recover possession of apartment number 12 of a 20-unit building, the building is the PROPERTY and apartment 12 is the RENTAL UNIT. If PLAINTIFF seeks possession of cottage number 3 in a five-cottage court or complex, the court or complex is the PROPERTY and cottage 3 is the RENTAL UNIT.)
(f) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.
(g)NOTICE TO QUIT includes the original or copy of any notice mentioned in Code of Civil Procedure section 1161 or Civil Code section 1946, including a 3-day notice to pay rent and quit the RENTAL UNIT, a 3-day notice to perform conditions or covenants or quit, a 3-day notice to quit, and a
30-day notice of termination.
(h)ADDRESS means the street address, including the city, state, and zip code.
Sec. 5. Interrogatories
The following interrogatories have been approved by the Judicial Council under section 2033.5 of the Code of Civil Procedure for use in unlawful detainer proceedings:
CONTENTS
70.0General
71.0Notice
72.0Service
73.0
Malicious Holding Over
(g)
74.0
Rent Control and Eviction Control
75.0 Breach of Warranty to Provide Habitable
Premises
76.0Waiver, Change, Withdrawal, or Cancellation of Notice to Quit
77.0Retaliation and Arbitrary Discrimination
78.0Nonperformance of the Rental Agreement by Landlord
79.0Offer of Rent by Defendant
80.0Deduction from Rent for Necessary Repairs
81.0Fair Market Rental Value
[Either party may ask any applicable question in this section.]
70.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.)
Fl-128 [Rev. July 1, 1987]
70.2Is PLAINTIFF an owner of the RENTAL UNIT? If so, state:
(a)the nature and percentage of ownership interest;
(b)the date PLAINTIFF first acquired this ownership interest.
70.3Does PLAINTIFF share ownership or lack ownership? If so, state the name, the ADDRESS, and the nature and percentage of ownership interest of each owner.
70.4Does PLAINTIFF claim the right to possession other than as an owner of the RENTAL UNIT? If so, state the basis of the claim.
70.5Has PLAINTIFF'S interest in the RENTAL UNIT changed since acquisition? If so, state the nature and dates of each change.
70.6Are there other rental units on the PROPERTY? If so, state how many.
70.7During the 12 months before this proceeding was filed, did PLAINTIFF possess a permit or certificate of occupancy for the RENTAL UNIT? If so, for each state:
(a)the name and ADDRESS of each PERSON named on the permit or certificate;
(b)the dates of issuance and expiration;
(c)the permit or certificate number.
70.8Has a last month's rent, security deposit, cleaning fee, rental agency fee, credit check fee, key deposit, or any other deposit been paid on the RENTAL UNIT? If so, for each item state:
(a)the purpose of the payment;
(b)the date paid;
(c)the amount;
(d)the form of payment;
(e)the name of the PERSON paying;
(f)(the name of the PERSON to whom it was paid;
(g)(any DOCUMENT which evidences payment and the name, ADDRESS, and telephone number of each
PERSON who has the DOCUMENT;
(h)any adjustments or deductions including facts.
70.9State the date defendant first took possession of the
RENTAL UNIT.
70.10State the date and all the terms of any rental agreement between defendant and the PERSON who rented to defendant.
70.11For each agreement alleged in the pleadings:
(a)identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the
DOCUMENT;
(b)state each part of the agreement not in writing, the name ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made;
(c)identify all DOCUMENTS that evidence each part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each
(d)identify all DOCUMENTS that are part of each modification to the agreement, and for each state
Page 2 of 7
the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT (see also § 71.5);
(e)state each modification not in writing, the date, and the name, ADDRESS, and telephone number of the PERSON agreeing to the modification, and the date the modification was made (see also § 71.5);
(f)identify all DOCUMENTS that evidence each modifica- tion of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT (see also § 71.5).
70.12 Has any PERSON acting on the PLAINTIFF'S behalf been responsible for any aspect of managing or maintaining the RENTAL UNIT or PROPERTY? If so, for each PERSON state:
(a)the name, ADDRESS, and telephone number;
(b)the dates the PERSON managed or maintained the
RENTAL UNIT or PROPERTY;
(c)the PERSON'S responsibilities.
70.13 For each PERSON who occupies any part of the RENTAL UNIT (except occupants named in the complaint and occupants' children under 17) state:
(a)the name, ADDRESS, telephone number, and birthdate;
(b)the inclusive dates of occupancy;
(c)a description of the portion of the RENTAL UNIT occupied;
(d)the amount paid, the term for which it was paid, and the person to whom it was paid;
(e)the nature of the use of the RENTAL UNIT;
(f)the name, ADDRESS, and telephone number of the per- son who authorized occupancy;
(g)how occupancy was authorized, including failure of the LANDLORD or PLAINTIFF to protest after discovering the occupancy.
70.14 Have you or anyone acting on your behalf obtained any DOCUMENT concerning the tenancy between any occupant of the RENTAL UNIT and any PERSON with an ownership interest or managerial responsibility for the RENTAL UNIT? If so, for each DOCUMENT state:
(a)the name, ADDRESS, and telephone number of each individual from whom the DOCUMENT was obtained;
(b)the name, ADDRESS, and telephone number of each individual who obtained the DOCUMENT;
(c)the date the DOCUMENT was obtained;
(d)the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT (original or copy).
[If a defense is based on allegations that the 3-day notice or 30-day NOTICE TO QUIT is defective in form or content, then either party may ask any applicable question in this section.]
71.1 Was the NOTICE TO QUIT on which PLAINTIFF bases this proceeding attached to the complaint? If not, state the contents of this notice.
71.2 State all reasons that the NOTICE TO QUIT was served and for each reason:
(a)state all facts supporting PLAINTIFF'S decision to terminate defendant's tenancy;
(b)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;
(c)identify all DOCUMENTS that support the facts and state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.
71.3 List all rent payments and rent credits made or claimed by or on behalf of defendant beginning 12 months before the NOTICE TO QUIT was served. For each payment or credit state:
(a)the amount;
(b)the date received;
(c)the form in which any payment was made;
(d)the services performed or other basis for which a credit is claimed;
(e)the period covered;
(f)the name of each PERSON making the payment or earning the credit;
(g)the identity of all DOCUMENTS evidencing the payment or credit and for each state the name, ADDRESS, and telephone number of each PERSON who has the
DOCUMENT.
71.4 Did defendant ever fail to pay the rent on time? If so, for each late payment state:
(a)the date;
(b)the amount of any late charge;
(c)the identity of all DOCUMENTS recording the payment and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT.
71.5 Since the beginning of defendant's tenancy, has PLAINTIFF ever raised the rent? If so, for each rent increase state:
(a)the date the increase became effective;
(b)the amount;
(c)the reasons for the rent increase;
(d)how and when defendant was notified of the increase;
(e)the identity of all DOCUMENTS evidencing the increase and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT.
[See also section 70.11(d)–(f).]
71.6 During the 12 months before the NOTICE TO QUIT was served was there a period during which there was no permit or certificate of occupancy for the RENTAL UNIT? If so, for each period state:
(a)the inclusive dates;
(b)the reasons.
71.7 Has any PERSON ever reported any nuisance or disturbance at or destruction of the RENTAL UNIT or PROPERTY caused by defendant or other occupant of the RENTAL UNIT or their guests? If so, for each report state;
(a)a description of the disturbance or destruction;
(b)the date of the report;
(c)the name of the PERSON who reported;
(d)the name of the PERSON to whom the report was made;
(e)what action was taken as a result of the report;
(f)the identity of all DOCUMENTS evidencing the report and for each state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.
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71.8 Does the complaint allege violation of a term of a rental agreement or lease (other than nonpayment of rent)? If so, for each covenant:
(a)identify the covenant breached;
(b)state the facts supporting the allegation of a breach;
(c)state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;
(d)identify all DOCUMENTS that support the facts and state the name, ADDRESS, and telephone number of each PERSON who has each DOCUMENT.
71.9 Does the complaint allege that the defendant has been using the RENTAL UNIT for an illegal purpose? If so, for each purpose:
(a)identify the illegal purpose;
(b)state the facts supporting the allegations of illegal use;
73.0 Malicious Holding Over
[If a defendant denies allegations that defendant's continued possession is malicious, then either party may ask any applicable question in this section. Additional questions in section 75.0 may also be applicable.]
73.1 If any rent called for by the rental agreement is unpaid, state the reasons and the facts upon which the reasons are based.
73.2 Has defendant made any attempts to secure other premises since the service of the NOTICE TO QUIT or since the service of the summons and complaint? If so, for each attempt:
(a)state all facts indicating the attempt to secure other premises;
73.3 State the facts upon which PLAINTIFF bases the allegation of malice.
[Additional interrogatories on this subject may be found in sections 75.0, 78.0, 79.0, and 80.0.]
72.0 Service
74.0 Rent Control and Eviction Control
74.1 Is there an ordinance or other local law in this jurisdiction which limits the right to evict tenants? If your answer is no, you need not answer sections 74.2 through 74.6.
[If a defense is based on allegations that the NOTICE TO QUIT was defectively served, then either party may ask any applicable question in this section.]
72.1Does defendant contend (or base a defense or make any allegations) that the NOTICE TO QUIT was defectively served? If the answer is "no," do not answer interrogatories
72.2through 72.3.
72.2 Does PLAINTIFF contend that the NOTICE TO QUIT referred to in the complaint was served? If so, state:
(a)the kind of notice;
(b)the date and time of service;
(c)the manner of service;
(d)the name and ADDRESS of the person who served it:
(e)a description of any DOCUMENT or conversation between defendant and the person who served the notice.
72.3 Did any person receive the NOTICE TO QUIT referred to in the complaint? If so, for each copy of each notice state:
(a)the name of the person who received it;
(b)the kind of notice;
(c)how it was delivered;
(d)the date received;
(e)where it was delivered;
(f)the identity of all DOCUMENTS evidencing the notice and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT.
74.2 For the ordinance or other local law limiting the right to evict tenants, state:
(a)the title or number of the law;
(b)the locality.
74.3 Do you contend that the RENTAL UNIT is exempt from the eviction provisions of the ordinance or other local law identified in section 74.2? If so, state the facts upon which you base your contention.
74.4 Is this proceeding based on allegations of a need to recover the RENTAL UNIT for use of the LANDLORD or the landlord's relative? If so, for each intended occupant state:
(a)the name;
(b)the residence ADDRESSES from three years ago to the present;
(c)the relationship to the LANDLORD;
(d)all the intended occupant's reasons for occupancy;
(e)all rental units on the PROPERTY that were vacated within 60 days before and after the date the NOTICE TO QUIT was served.
74.5Is the proceeding based on an allegation that the LANDLORD wishes to remove the RENTAL UNIT from residential use temporarily or permanently (for example, to rehabilitate, demolish, renovate, or convert)? If so, state:
(a)each reason for removing the RENTAL UNIT from residential use;
(b)what physical changes and renovation will be made to the RENTAL UNIT;
(c)the date the work is to begin and end;
(d)the number, date, and type of each permit for the change or work;
Page 4 of 7
(e)
the identity of
each DOCUMENT evidencing the
(g) the response made to the notice;
intended activity
(for
example,
blueprints,
plans,
(h) the efforts made to correct the conditions;
applications for financing, construction contracts) and
(i) whether
the
PERSON who gave
notice
was
an
the name, ADDRESS, and telephone number of each
occupant
of
the PROPERTY at
the time
PERSON who has each DOCUMENT.
complaint.
74.6 Is the proceeding based on any ground other than
75.4 During the period beginning 36 months before the
those stated in sections 74.4 and 74.5? If so, for each:
NOTICE TO QUIT was served to the present, was the
(a) state each fact supporting or opposing the ground;
RENTAL UNIT or PROPERTY (including other rental
(b) state the names, ADDRESSES, and telephone numbers
units) inspected for dilapidations or defective conditions
of all PERSONS who have knowledge of the facts;
by a representative of any governmental agency? If so,
(c)
identify all DOCUMENTS evidencing the facts and state
for each inspection state:
(b) the reason;
(c) the name of the governmental agency;
75.0 Breach of Warranty to Provide Habitable Premises
(d) the name, ADDRESS, and telephone number
[If plaintiff alleges nonpayment of rent and defendant bases his
each inspector;
(e) the identity of each DOCUMENT evidencing each
defense on allegations of implied or express breach of warranty
inspection and the name, ADDRESS, and telephone
to provide habitable residential premises, then either party may
number of each PERSON who has it.
ask any applicable question in this section.]
75.5 During the period beginning 36 months before the
75.1 Do you know of any conditions in violation of state or
NOTICE TO QUIT was served to the present, did
local building codes, housing codes, or health codes,
PLAINTIFF or LANDLORD receive a notice or other
conditions of dilapidation, or other conditions in need of
communication regarding the condition of the RENTAL
repair in the RENTAL UNIT or on the PROPERTY that
UNIT or PROPERTY (including other rental units) from
affected the RENTAL UNIT at any time defendant has been
a governmental agency? If so, for each notice or
in possession? If so, state:
communication state:
(a) the type of condition;
(a) the date received;
(b) the kind if corrections or repairs needed;
(b) the identity of all parties;
(c) how and when you learned of these conditions;
(c) the substance of the notice or communication;
(d) how these conditions were caused;
(d) the identity
of each DOCUMENT evidencing the
(e) the name, ADDRESS, and telephone number of each
notice or communication and the name, ADDRESS,
PERSON who has caused these conditions.
and telephone number of each PERSON who has
75.2 Have any corrections, repairs, or improvements been
it.
75.6 Was there any corrective action taken in response
made to the RENTAL UNIT since the RENTAL UNIT was
to the inspection or notice or communication identified in
rented to defendant?
If so,
for each correction, repair, or
sections 75.4 and 75.5? If so, for each:
improvement state:
(a) identify the notice or communication;
(a)
a description giving the nature and location;
(b) identify the condition;
(b)
the date;
(c) describe the corrective action;
(c) the name, ADDRESS, and telephone number of each
(d) identify
each DOCUMENT
evidencing
PERSON who made the repairs or improvements;
corrective action and the name, ADDRESS, and
(d) the cost;
telephone number of each PERSON who has it.
(e) the identity of any DOCUMENT evidencing the repairs or
75.7 Has the PROPERTY been appraised for sale or loan
improvements;
during the period beginning 36 months before the
(f)
if a building permit was issued, state the issuing agencies
NOTICE TO QUIT was served to the present? If so, for
and the permit number of your copy.
each appraisal state:
75.3 Did defendant or any other PERSON during 36 months
(b) the name, ADDRESS, and telephone number of the
before the NOTICE TO QUIT was served or during
appraisal
defendant's possession of the RENTAL UNIT notify the
(c) the purpose of the appraisal;
LANDLORD or his agent or employee about the condition of
of each DOCUMENT evidencing
the RENTAL UNIT or PROPERTY? If so, for each written or
appraisal and the name, ADDRESS, and telephone
oral notice state:
(a) the substance;
75.8 Was any condition requiring repair or correction at
(b) who made it;
the PROPERTY or RENTAL UNIT caused by
(c) when and how it was made;
defendant or other occupant of the RENTAL UNIT or
(d) the name and ADDRESS of each PERSON to whom it
their guests? If so, state:
was made;
the type and location of condition;
(e) the name and ADDRESS of each person who knows
the kind of corrections or repairs needed;
about it;
how and when you learned of these conditions;
(f) the identity of each DOCUMENT evidencing the and the
(d)
how and when these conditions were caused;
name, ADDRESS, and
telephone
number
of each
the name, ADDRESS, and telephone number of
PERSON who has it;
each PERSON who caused these conditions;
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the identity of each DOCUMENT evidencing the repair
(b) when it was made;
(or correction) and the name, ADDRESS, and telephone
(c) whether it was written or oral;
(d) by whom and to whom;
[See also section 71.0 for additional questions.]
76.0 Waiver, Change, Withdrawal, or Cancellation of Notice
(f) whether
all
promised repairs,
alterations,
or
to Quit
improvements were completed or services provided;
[If a defense is based on waiver, change, withdrawal, or
(g) the reasons for any failure to perform;
(h) the identity of
each
DOCUMENT evidencing
cancellation of the NOTICE TO QUIT, then either party may ask
agreement or promise and the name, ADDRESS, and
any applicable question in this section.]
76.1 Did the PLAINTIFF or LANDLORD or anyone acting on
78.2 Has PLAINTIFF or LANDLORD or any resident of
his or her behalf do anything which is alleged to have been a
the PROPERTY ever committed disturbances or
waiver, change, withdrawal, or cancellation of the NOTICE
interfered with the quiet enjoyment of the RENTAL UNIT
TO QUIT? If so:
(including,
for
example, noise,
acts
which
threaten
state the facts supporting this allegation;
loss of title to the property or loss of financing, etc.)? If so,
for each disturbance or interference, state:
of all PERSONS who have knowledge of these facts;
a description of each act;
(c) identify each DOCUMENT that supports the
fact sand
the date of each act;
state the name, ADDRESS,
and telephone
number of
each PERSON who has it.
PERSON who acted;
(d) the name, ADDRESS, and telephone number of each
76.2 Did the PLAINTIFF or LANDLORD accept rent which
PERSON who witnessed each act and any DOC-
covered a period after the date for vacating the RENTAL
UMENTS evidencing the person's knowledge;
UNIT as specified in the NOTICE TO QUIT? If so:
(e) what action was taken by the PLAINTIFF or LAND-
state the facts;
LORD to end or lessen the disturbance or interference.
79.0 Offer of Rent by Defendant
(c) identify each DOCUMENT that supports the facts and
[If a defense is based on an offer of rent by a defendant
which was refused, then either party may ask any applicable
state the name, ADDRESS, and telephone number of
question in this section.]
79.1 Has
defendant or anyone acting on the defendant's
77.0 Retaliation and Arbitrary Discrimination
behalf offered any payments to PLAINTIFF which
[If a defense is based on retaliation or arbitrary discrimination,
PLAINTIFF refused
to accept? If so, for each offer state:
the amount;
then either party may ask any applicable question in this
section.]
purpose of offer;
77.1 State all reasons that the NOTICE TO QUIT was served
(d) the manner of the offer;
or that defendant's tenancy was not renewed and for each
(e) the identity of the person making the offer;
reason:
(f) the identity of the person refusing the offer;
state all facts supporting
PLAINTIFF'S decision to
(g) the date of the refusal;
(h) the reasons for the refusal.
terminate or not renew defendant's tenancy;
state the names, ADDRESSES, and telephone numbers
80.0 Deduction from Rent for Necessary Repairs
[If a defense to payment of rent or damages is based on claim
identify all DOCUMENTS that support the facts and state
of retaliatory
eviction,
then
either party
may
ask
any
applicable question
in
this section. Additional
questions in
PERSON who has it.
section 75.0 may also be applicable.]
78.0 Nonperformance of the Rental Agreement by Landlord
80.1 Does defendant claim to have deducted from rent
any amount which was withheld to make repairs after
communication to the LANDLORD of the need for the
[If a defense is based on nonperformance of the rental
repairs?
If
answer
is
"no,"
do
not
agreement by the LANDLORD or
someone acting on the
interrogatories 80.2 through 80.6.
LANDLORD'S behalf, then either party may ask any applicable
80.2 For each condition in need of repair for which a
deduction was made, state:
78.1 Did the LANDLORD or anyone acting on the
the nature of the condition;
LANDLORD'S behalf agree to make repairs, alterations, or
the location;
improvements at any time or provide services to the
the date the condition was discovered by defendant;
PROPERTY or RENTAL UNIT? If so, for each agreement
the date the condition was first known by LANDLORD
state:
or PLAINTIFF;
(a) the substance of the agreement;
Page 6 of 7
(e)the dates and methods of each notice to the
LANDLORD or PLAINTIFF of the condition;
(f)the response or action taken by the LANDLORD or PLAINTIFF to each notification;
(g)the cost to remedy the condition and how the cost was determined;
(h)the identity of any bids obtained for the repairs and any DOCUMENTS evidencing the bids.
80.3 Did LANDLORD or PLAINTIFF fail to respond within a reasonable time after receiving a communication of a need for repair? If so, for each communication state:
(a)the date it was made;
(b)how it was made;
(c)the response and date;
(d)why the delay was unreasonable.
80.4 Was there an insufficient period specified or actually allowed between the time of notification and the time repairs were begun by defendant to allow LANDLORD or PLAINTIFF to make the repairs? If so, state all facts on which the claim of insufficiency is based.
80.5 Does PLAINTIFF contend that any of the items for which rent deductions were taken were not allowable under law? If so, for each item state all reasons and facts on which you base your contention.
80.6 Has defendant vacated or does defendant anticipate vacating the RENTAL UNIT because repairs were requested and not made within a reasonable time? If so, state all facts on which defendant justifies having vacated the RENTAL UNIT or anticipates vacating the rental unit.
81.0 Fair Market Rental Value
[If defendant denies PLAINTIFF allegation on the fair market rental value of the RENTAL UNIT, then either party may ask any applicable question in this section. If defendant claims that the fair market rental value is less because of a breach of warranty to provide habitable premises, then either party may also ask any applicable question in section 75.0]
81.1 Do you have an opinion on the fair market rental value of the RENTAL UNIT? If so, state:
(a)the substance of your opinion;
(b)the factors upon which the fair market rental value is based;
(c)the method used to calculate the fair market rental value.
81.2 Has any other PERSON ever expressed to you an opinion on the fair market rental value of the RENTAL UNIT? If so, for each PERSON:
(a)state the name, ADDRESS, and telephone number;
(b)state the substance of the PERSON's opinion;
(c)describe the conversation or identify all DOCUMENTS in which the PERSON expressed an opinion and state the name, ADDRESS, and telephone number of each
81.3 Do you know of any current violations of state or local building codes, housing codes, or health codes, conditions of dilapidation or other conditions in need of repair in the RENTAL UNIT or common areas that have affected the RENTAL UNIT at any time defendant has been in possession? If so, state:
(a)the conditions in need of repair;
(b)the kind of repairs needed;
(c)the name, ADDRESS, and telephone number of each PERSON who caused these conditions.
(End)
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Filling out the California Fi 128 form requires careful attention to detail. Each section must be completed accurately to ensure that all necessary information is provided. After completing the form, it will be used in legal proceedings related to unlawful detainer cases. Make sure to review your responses before submission to avoid any errors.
After completing the form, it is essential to serve copies to all parties involved in the case. This ensures that everyone is aware of the information being presented and can respond accordingly. Keep a copy for your records as well.
What is the purpose of the California Fi 128 form?
The California Fi 128 form, also known as Form Interrogatories for Unlawful Detainer, is designed for use in unlawful detainer proceedings, which are legal actions related to eviction. This form helps parties involved in such cases to ask specific questions that can clarify the issues at hand. It allows the asking party to gather important information from the answering party, which may be crucial for their case. The interrogatories included in this form are meant to streamline the process and ensure that all relevant facts are brought to light.
Who can use the California Fi 128 form?
Both landlords and tenants can utilize the California Fi 128 form during unlawful detainer proceedings. The form is structured to allow either party to ask questions that pertain to the case. However, it is important for users to understand that there are restrictions on the number of interrogatories that can be asked. Therefore, parties should carefully consider which questions are most relevant to their situation before using the form.
What are the consequences of not responding to the interrogatories?
Failure to respond properly to the interrogatories on the California Fi 128 form can lead to serious consequences. The answering party may face sanctions, which could include fines, attorney fees, or even contempt proceedings. In some cases, not responding adequately could result in losing the case altogether. It is crucial for the answering party to provide complete and straightforward responses within the specified time frame, typically five days after being served with the interrogatories.
How should the answers to the interrogatories be structured?
When answering the interrogatories on the California Fi 128 form, each response must be as complete and clear as possible. If the answering party cannot fully respond to a question, they should answer to the best of their ability. If additional information is available in documents, these can be attached as exhibits. Each answer must also be verified, dated, and signed, affirming that the information provided is true and correct under penalty of perjury.
What types of questions are included in the California Fi 128 form?
The California Fi 128 form includes a variety of interrogatories that cover essential aspects of unlawful detainer cases. These questions may relate to the ownership of the rental unit, the history of rent payments, any notices served, and the conditions of the rental property. Specific sections address issues like rent control, eviction control, and the landlord's obligations to provide habitable premises. This comprehensive approach helps ensure that all relevant facts are explored during the proceedings.
Filling out the California Fi 128 form can be challenging, and many people make mistakes that can affect their case. One common error is failing to provide complete contact information. It is essential to include the full name, address, and telephone number of all parties involved. Incomplete or incorrect information can lead to delays or complications in the legal process.
Another mistake is neglecting to check the appropriate boxes regarding the unlawful detainer assistant. If an assistant helped with the form, you must indicate that and provide their name. Omitting this information can create confusion and may undermine the credibility of your submission.
People often overlook the importance of verifying their answers. Each response must be accurate and truthful. If you cannot fully answer a question, it's crucial to explain why and provide as much information as possible. A lack of detail can lead to sanctions or a negative outcome in your case.
Finally, many individuals forget to sign and date the form. A signature is a legal requirement and serves to verify that the information provided is true. Without it, the form may be considered incomplete. Always double-check to ensure that you have signed and dated the document before submission.
The California FI-128 form is an essential document used in unlawful detainer proceedings, primarily concerning landlord-tenant disputes. However, it is often accompanied by other forms and documents that help clarify the situation and provide necessary information. Understanding these additional documents can greatly assist parties involved in the process.
Each of these documents plays a vital role in the unlawful detainer process, providing structure and clarity to what can often be a complex situation. Familiarizing oneself with these forms can lead to a more informed and effective approach to resolving landlord-tenant disputes.
When filling out the California Fi 128 form, it's essential to approach the process with care and attention to detail. Below is a list of things you should and shouldn't do to ensure your submission is accurate and compliant.
This form is used by both landlords and tenants in unlawful detainer proceedings. Tenants can also utilize it to respond to interrogatories.
While the form is designed for optional use, if it is served, responding to the interrogatories is required. Failure to respond properly can lead to sanctions.
Although you do not need a lawyer to fill out the form, understanding the legal implications of your answers is crucial. Incorrect responses can harm your case.
You must respond to the interrogatories within five days of being served. This deadline is strict, and delays can have serious consequences.
You should provide complete answers to the best of your ability. If you cannot fully answer a question, you must explain why and make a good faith effort to gather the information.
The Fi 128 form includes specific interrogatories tailored to the details of each case. Each situation may require different questions based on the circumstances.
All answers provided on the Fi 128 form must be verified, dated, and signed. This is a legal requirement and ensures the validity of your responses.
Key Takeaways for Using the California Fi 128 Form: