The California UD 105 form is a legal document used by defendants in unlawful detainer cases to respond to a complaint filed against them. This form allows defendants to admit or deny the claims made by the plaintiff and to assert any affirmative defenses they may have. If you need to fill out this form, click the button below to get started.
The California UD-105 form plays a crucial role in the legal process surrounding unlawful detainer actions, which typically involve disputes between landlords and tenants regarding possession of rental properties. Designed for defendants facing eviction, this form allows them to formally respond to a complaint filed by the plaintiff—usually the landlord. Within its structured layout, the UD-105 enables defendants to either deny the allegations made against them or admit to certain claims while contesting others. It includes sections for affirmative defenses, where defendants can assert specific reasons why the eviction should not proceed, such as claims of improper notice or breaches of habitability. Furthermore, the form requires defendants to provide supporting facts for any defenses they choose to assert, ensuring that their responses are well-documented. The UD-105 also allows for additional requests, such as seeking costs or attorney fees, and emphasizes the importance of clear communication by requiring signatures and verifications. Understanding the nuances of this form is essential for anyone involved in an unlawful detainer case, as it serves as a vital tool for protecting tenant rights and navigating the complexities of eviction proceedings in California.
UD-105
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:
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.
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.
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 UD-105 [Rev. January 1, 2007]
Civil Code, § 1940 et seq.; Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLAINTIFF (Name) :
DEFENDANT (Name) :
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 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 No.:
c. Street address, city, and ZIP:
d. County of registration:
e. Registration No.:
f. Expires on (date) :
(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:
.................................................................................................................................................................
(SIGNATURE OF DEFENDANT)
UD-105 [Rev. January 1, 2007]
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Completing the California UD-105 form is a crucial step in responding to an unlawful detainer action. This form allows defendants to formally answer the complaint made against them in court. It is important to ensure that all sections are filled out accurately to protect your rights and interests in the case.
What is the purpose of the California UD-105 form?
The California UD-105 form is used as a response to an unlawful detainer complaint, which is a legal action taken by a landlord to evict a tenant. This form allows the defendant, typically the tenant, to present their answers to the claims made by the landlord in the complaint. It provides a structured way for the tenant to admit, deny, or provide affirmative defenses against the allegations made in the eviction notice.
Who should fill out the UD-105 form?
The UD-105 form should be filled out by the defendant, who is the tenant being sued for eviction. If the tenant has legal representation, the attorney may complete the form on their behalf. It is important for the defendant to respond to the complaint in a timely manner to protect their rights and interests in the eviction process.
What information is required on the UD-105 form?
The form requires basic information such as the names of the plaintiff (landlord) and defendant (tenant), the case number, and the court where the case is filed. Additionally, the defendant must provide their answers to the complaint, including whether they deny or admit the allegations, and any affirmative defenses they wish to claim. There is also a section for the defendant to request specific remedies or actions from the court.
What are affirmative defenses, and how do I use them?
Affirmative defenses are reasons provided by the defendant that justify why they should not be evicted, even if the landlord's claims are true. On the UD-105 form, the defendant can check boxes corresponding to specific defenses, such as nonpayment of rent due to the landlord's failure to provide habitable premises. It is crucial to provide brief facts supporting each defense checked, as this strengthens the response to the complaint.
What happens if I do not respond to the UD-105 form?
If the defendant fails to respond to the unlawful detainer complaint using the UD-105 form, the court may enter a default judgment against them. This means the landlord could win the case without a hearing, resulting in an eviction order. Timely and proper completion of the form is essential to ensure the defendant's voice is heard in the legal process.
Can I attach additional documents to the UD-105 form?
Yes, the UD-105 form allows for attachments. If the defendant has more information or details to support their answers or affirmative defenses, they can include additional pages. It is important to specify the number of pages attached and reference them appropriately in the form to ensure they are considered by the court.
Is there a fee associated with filing the UD-105 form?
Filing fees may apply when submitting the UD-105 form to the court. The exact fee can vary by court location. It is advisable to check with the local court or their website for the most current fee schedule. In some cases, individuals may qualify for a fee waiver based on their financial situation.
What should I do after completing the UD-105 form?
After completing the UD-105 form, the defendant should file it with the court where the unlawful detainer complaint was filed. It is important to keep a copy for personal records. Additionally, the defendant should ensure that the plaintiff (landlord) receives a copy of the filed form, as this is a critical step in the legal process.
Filling out the California UD-105 form can be a daunting task, and many individuals make mistakes that can affect their case. One common error is failing to provide complete and accurate information in the defendant section. It is essential that the names of all defendants are listed clearly and correctly. Omitting a name or misspelling it can lead to delays or complications in the legal process.
Another frequent mistake involves the selection of the appropriate response option regarding the complaint. The form requires defendants to check only one of the two boxes regarding their stance on the allegations. Checking both boxes or failing to check any can create confusion and may result in the court disregarding the answer altogether. Careful attention should be paid to ensure that the correct box is marked based on the defendant's situation.
Many individuals also overlook the importance of providing supporting facts for affirmative defenses. Each checked box in the affirmative defenses section must be accompanied by a brief explanation. Neglecting to do this can weaken a defendant's position and may lead to the dismissal of those defenses. It is crucial to clearly articulate the facts that support each defense to strengthen the case.
Additionally, some defendants fail to specify the fair rental value of the premises when claiming it is excessive. This section requires a clear explanation of why the amount requested in the complaint is unreasonable. Without this information, the court may not fully understand the basis of the defendant's claim, which can hinder the overall effectiveness of the answer.
Another common oversight occurs when defendants do not sign the form correctly. Each defendant must sign the answer unless an attorney is representing them. Failing to include a signature can result in the court rejecting the submission. It is vital to ensure that all required signatures are present before submitting the form.
In some cases, individuals may forget to indicate whether they received assistance from an unlawful detainer assistant. This section is mandatory and must be completed accurately. If assistance was provided, failing to disclose this information can lead to complications later in the process.
Moreover, individuals often neglect to attach necessary documents or specify the number of pages attached. This can be critical, especially if additional information supports their claims or defenses. Providing all relevant attachments ensures that the court has a complete understanding of the case.
Lastly, many defendants do not take the time to review their completed form before submission. Errors in spelling, grammar, or clarity can detract from the seriousness of the response. A thorough review can help catch mistakes that might otherwise lead to misunderstandings or complications in court.
The California UD-105 form is commonly used in unlawful detainer actions, which are legal proceedings to evict a tenant. Alongside this form, there are several other documents that may be necessary to support the case or fulfill legal requirements. Below is a list of forms and documents often used with the UD-105.
These forms and documents are essential for navigating the unlawful detainer process in California. Each serves a specific purpose and helps ensure that both tenants and landlords follow the legal procedures correctly.
When filling out the California UD-105 form, it is important to pay attention to details. Here are four things you should and shouldn't do:
Misconceptions about the California UD-105 form can lead to confusion and missteps in legal proceedings. Here are four common misconceptions:
Here are some key takeaways about filling out and using the California UD-105 form:
Filling out the UD-105 form correctly is crucial for your defense. Take your time and ensure all information is accurate.