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Unlawful Detainer Self-Help Guide

The document provides information for tenants to respond to an unlawful detainer or eviction lawsuit filed by a landlord in California. It outlines the steps tenants can take to request a review of their forms by the court's Self-Help Services before filing. It also summarizes potential outcomes of the court's decision, including that tenants may be ordered to pay rent or move out, and landlords may be awarded costs and fees. The document provides resources for tenants to access legal aid and complete the necessary forms to defend against the unlawful detainer action.

Uploaded by

Reeonaa Barnes
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
419 views12 pages

Unlawful Detainer Self-Help Guide

The document provides information for tenants to respond to an unlawful detainer or eviction lawsuit filed by a landlord in California. It outlines the steps tenants can take to request a review of their forms by the court's Self-Help Services before filing. It also summarizes potential outcomes of the court's decision, including that tenants may be ordered to pay rent or move out, and landlords may be awarded costs and fees. The document provides resources for tenants to access legal aid and complete the necessary forms to defend against the unlawful detainer action.

Uploaded by

Reeonaa Barnes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
  • Cover Page: Provides the cover of the self-help form packet regarding unlawful detainer cases, with basic contact information.
  • Informational Content: Offers guidance on what to do after the court's decision, including writ of possession, forms, and appearing in court.
  • Answer—Unlawful Detainer Form: Includes the official legal form used to respond to an unlawful detainer lawsuit, with instructions for completion.
  • Proof of Service: Form to document the mail service for the lawsuit paperwork, ensuring proper legal notification.
  • Service Information Sheet: Instructional content for correctly serving documents via mail, with a compliance checklist for legal procedures.

SUPERIOR COURT OF CALIFORNIA Self-Help Services

COUNTY OF ORANGE [Link]/self-help

ANSWERING AN UNLAWFUL DETAINER


CASE

SELF-HELP FORM PACKET

SHC-UD-04 (Rev. 04/14/2022)

Self-Help Services can review your completed forms before you file them
with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.


2. Scan your completed forms and save as a single PDF file.
3. Go to [Link]/self-help (click the blue button labeled
Click Here to Contact Self-Help Services), attach the PDF, and complete
the online request form. Make sure to select LANDLORD/TENANT as
the case type on the form.

[Link]/self-help 657.622.5887
AFTER THE COURT’S DECISION Justice Center where the case is filed. Have your case
number with you.
If the Court decides in favor of the tenant, the tenant will
not have to move, and the landlord may be ordered to pay All documents must be completed properly and
the tenant’s court costs (for example, filing fees) and the accurately. Any documents needing correction will be
tenant’s attorney fees. However, the tenant will have to returned. You are responsible for providing copies. A Defending an
pay any rent that the Court orders. self-addressed, stamped envelope is required for the

If the landlord wins, the tenant will have to move. In


return of your documents. Unlawful Detainer
If you are representing yourself in an Unlawful Detainer
addition, the Court may order the tenant to pay the
landlord’s court costs and attorney fees, and any proven action, you are exempt from the mandatory electronic
Lawsuit
damages, such as overdue rent or the cost of repairs if filing rules (Code of Civil Procedure, § 1010.6, Orange
damage was done to the premises. County Superior Court Rule 352). If you prefer, you may DAVID H. YAMASAKI
electronically file your forms at [Link] or you CLERK OF THE COURT
WRIT OF POSSESSION may file in person at the address listed on the Summons
and Complaint.
If a judgment is entered against you and you do not move
out, the Court will issue a Writ of Possession to the COURT FEES
landlord. The landlord can deliver this legal document to
the Sheriff, who will then forcibly evict you from the rental Make checks payable to Clerk of the Court.
unit if you don’t leave promptly. Pursuant to the Government Code, the Superior Court
must charge for the various documents filed and issued.
Before evicting you, the Sheriff will serve you with a copy
A current fee schedule is available at the Clerk’s Office or
of the Writ of Possession. The Writ of Possession
at [Link].
instructs you that you must move out within five days after SUPERIOR COURT OF CALIFORNIA
the writ is served on you, and that if you do not move out, OTHER INFORMATION COUNTY OF ORANGE
the Sheriff will remove you from the rental unit and place [Link]
the landlord in possession of it. The cost of serving the ORANGE COUNTY PUBLIC LAW LIBRARY (714) 834-3397
515 N. Flower, Santa Ana
Writ of Possession will be added to the other costs of the
Building 32 (in the Civic Center Plaza)
suit that the landlord will collect from you. [Link]
Central Justice Center
FORMS FAIR HOUSING (800) 698-FAIR or (714) 569-0823 700 Civic Center Drive West
The Fair Housing Council is available to answer landlord-tenant
The following forms are available on the Court’s Web-site questions, investigate discrimination allegations, and they have a
Santa Ana, CA 92701
at: [Link] or at the Court Clerk’s Office. counselor available. (657) 622-6878
UD-105 Answer – Unlawful Detainer
POS-030 Proof of Service by First Class Mail ORANGE COUNTY BAR LAWYER REFERRAL AND
INFORMATION (949) 440-6747 Harbor Justice Center
L-80 Fee Waiver Booklet Newport Beach Facility
UD-150 Request/Counter Request to Set Case for O.C. APARTMENT ASSOCATION (714) 638-5550
Trial-Unlawful Detainer.
4601 Jamboree Road
COMMUNITY LEGAL AID SOCAL (714) 571-5200 Newport Beach, CA 92660
[Link] (800) 834-5001
INTERPRETERS (657) 622-5400
Legal Aid is available to answer landlord-tenant
The court will provide free interpreter services in Unlawful questions through its Hotline, provide community education at
Detainer matters. If you need free interpreter services, the weekly Landlord-Tenant Clinic, assist in preparation of North Justice Center
pleadings, and provide representation in certain cases to senior 1275 North Berkeley Avenue
contact the Court Interpreter’s office to request an
citizens and very low income tenants.
interpreter at: [Link] Fullerton, CA 92832
or call (657) 622-6878 and select option 2 and then option  (657) 622-5600
8 on the phone menus. This pamphlet is for general information only and is not a
substitute for legal advice. West Justice Center
QUESTIONS Special thanks to the Community Legal Aid SoCal for 8141 13th Street
If you have any legal questions, you must contact an their assistance in the development of this pamphlet. Westminster, CA 92683
attorney or do you own research. The Orange County (657) 622-5900
Law Library is available to the public. Form No. L1196 (Rev. September 2019)

If you have a question regarding the status of your case,


you may look online at [Link] or contact the
This information is intended as a procedural guide only. • The landlord filed the eviction action against the origin or ancestry, your sex, your marital status, your
You may wish to seek an attorney’s advice. tenant for complaining about the condition of the physical or mental handicap, or your sexual
TIME TO RESPOND TO AN UNLAWFUL rental unit or for exercising a right the tenant has orientation.
DETAINER LAWSUIT under the law.
ADDITIONAL LEGAL RESPONSES
• The landlord filed the eviction for an unlawful
An unlawful detainer lawsuit is a “summary” court discriminatory practice. Depending on the facts of your case, there are other
procedure. This means that the court action moves legal responses to the landlord’s complaint that you
forward very quickly, and that the time given the RETALIATORY ACTIONS AND EVICTIONS
might file instead of an answer. For example:
tenant to respond to the lawsuit is very short. In A landlord may try to evict a tenant because the  If you believe that your landlord did not properly
most cases, the tenant has only five days, tenant has complained about a problem in the rental serve the summons and the complaint, you
excludes Saturdays, Sundays, and judicial unit or exercised a legal right. The landlord cannot might file a Motion to Quash Service of
holidays, to file a written response to the lawsuit retaliate against you because you called the Health Summons.
after being served with a copy of the Unlawful Department or any other government agency about  If you believe that the complaint has some
Detainer complaint. If the fifth day to answer the condition of your home; you exercised your technical defect or does not properly allege the
falls on a weekend or holiday, you can file your rights to repair problems and deducted the cost from landlord’s right to evict you, you might file a
answer on the following Monday or non- your rent, you organized with other tenants or Demurrer.
holiday. formed an tenants’ association or you did anything Note: No forms are available for these types of responses. It
HOW TO RESPOND TO AN UNLAWFUL else you had a constitutional right to do such as is important that you obtain advice from a lawyer before you
DETAINER LAWSUIT complaining to your landlord about the condition of attempt to use these types of responses.
the rental unit. APPEARING IN COURT
Typically, a tenant responds to a landlord’s
complaint by filing a legal document called an BREACH OF THE WARRANTY OF Before appearing in court, you must carefully
Answer. If you are representing yourself in an HABITABILITY prepare your case. Among other things you should:
Unlawful Detainer action you are exempt from the Under the law, the tenant does not have to pay full  Talk with a housing clinic; tenant organization;
mandatory electronic filing rules (Code of Civil rent if: there are serious problems that affect a attorney; or legal aid organization. This will help
Procedure, § 1010.6, Orange County Superior Court tenant’s health and safety; the landlord knew about you understand the legal issue in your case and
Rule 352). You may file your response at the the problems; had time to fix them, but refused or the evidence you will need.
address listed on the Summons and Complaint. If failed to do so; and the tenant(s) did not cause the  Decide how you will present the facts that
you prefer, you may electronically file your problem or refuse to allow repairs. support your side of the case, e.g., witnesses,
response. Filing information and service providers letters, other documents, photographs, video, or
can be found at [Link]. You must also The law does not require the landlord to keep your other evidence.
mail a copy of your answer to the plaintiff’s attorney rental unit in perfect condition, but the landlord must  Have at least four copies of all documents that
or if no attorney, to the plaintiff. Proof of Mailing provide these basic services: plumbing that works, you intend to use as evidence: an original for the
must be filed at the same time as the answer. Once hot and cold running water and enough hot water to judge, a copy for the opposing party, a copy for
the answer has been filed either party may request wash and bathe, heat, electricity and lights which yourself, and copies for your witnesses.
the case be set for trial by filing a “Request/ work and are safe, window screens, sufficient  Ask witnesses to testify at trial if they will help
Counter- Request to Set Case for Trial – Unlawful extermination to keep out roaches, fleas, bugs and your case. You can subpoena a witness who
Detainer”. mice or rats, clean common areas free from trash will not testify voluntarily. A subpoena is an
and debris, safe and secure stairways and railings, order from the court for a witness to appear.
LEGAL DEFENSES roofs, walls and windows that do not leak and are The subpoena must be served (handed) to the
You may have a legal defense to the landlord’s not broken, and adequate security. witness, and can be served by anyone who is
complaint. If so, you must state the defense in your DISCRIMINATION over the age of 18. You can obtain a subpoena
answer within the five-day period, or you will lose form from the Clerk’s Office. You must pay
• The
any defenses thatthree-day
landlord’s you maynotice have. Some typical
requested more By trying to evict you, the landlord may be unlawfully witness fees at the time the subpoena is served
defenses a tenant
rent than might have
was actually [Link]: discriminating against you or your family. The law on the witness, if the witness requests them.
• The landlord did not maintain the property in provides that the landlord may not discriminate
condition fit to live (i.e. the landlord breached the against you or try to evict you simply because of
implied warranty of habitability). your race or ethnic group, your religion, national
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:
CASE NUMBER:
ANSWER—UNLAWFUL DETAINER

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) and (c), 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
Civil Code, § 1940 et seq.;
Form Approved for Optional Use
Judicial Council of California ANSWER—UNLAWFUL DETAINER Code of Civil Procedure, §§ 425.12,
1161 et seq., 1179.01 et seq.
UD-105 [Rev. April 14, 2022]
[Link]
UD-105
PLAINTIFF: CASE NUMBER:

DEFENDANT:

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
[Link]/[Link].)
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 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 3w the facts showing violation of the ordinance.)
h. Plaintiff's demand for possession is subject to the Tenant Protection Act of 2019, Civil Code section 1946.2 or 1947.12,
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.
i. Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
j. Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that
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).)
k. Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,
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.
l. Plaintiff's demand for possession of a residential property is in retaliation for nonpayment of rent or other financial
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. April 14, 2022] Page 2 of 5


ANSWER—UNLAWFUL DETAINER
UD-105
PLAINTIFF: CASE NUMBER:

DEFENDANT:

3. m. (3) Plaintiff did not provide an unsigned declaration of COVID-19–related financial distress with the 15-day notice. (Code
Civ. Proc., § 1179.03(d).)
(4) 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).)
(5) 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).)
(6) 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):

(a) Plaintiff's demand for payment includes late fees on rent or other financial obligations due between March 1,
2020, and September 30, 2021.
(b) Plaintiff's demand for payment includes fees for services that were increased or not previously charged.
(c) 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) 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).)
n. 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):
(1) Plaintiff's notice to quit was served before April 1, 2022, and
(a) 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).
(b) Did not did not include a translation of the statutorily required notice. (Code Civ. Proc., § 1179.10(a)(2) and Civ.
Code, § 1632.)
(2) Plaintiff's notice to quit was served between April 1, 2022, and June 30, 2022, and did not contain the required
information about the government rental assistance program and possible protections, as required by Code of Civil
Procedure section 1179.10(b).
o. 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):
(1) 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.
(2) Plaintiff's application for rental assistance was not denied.
(3) 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).)
(4) An application for rental assistance was filed before April 1, 2022, and the determination is still pending.
(5) Rental assistance has been approved and tenant is separately filing an application to prevent forfeiture (form UD-125).
p. 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) 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).)
(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).)
UD-105 [Rev. April 14, 2022] Page 3 of 5
ANSWER—UNLAWFUL DETAINER
UD-105
PLAINTIFF: CASE NUMBER:

DEFENDANT:

3. p. (3) 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).)
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. April 14, 2022]


ANSWER—UNLAWFUL DETAINER Page 4 of 5
UD-105
PLAINTIFF: CASE NUMBER:

DEFENDANT:

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) (SIGNATURE OF DEFENDANT OR ATTORNEY)

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT OR ATTORNEY)

(TYPE OR PRINT NAME) (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) (SIGNATURE OF DEFENDANT)

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)

UD-105 [Rev. April 14, 2022]


ANSWER—UNLAWFUL DETAINER Page 5 of 5
PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

Attachment 3.Y.a to UD-105 Answer-Unlawful Detainer

3. Affirmative Defenses

a. Landlord has substantially breached the warranty to provide habitable premises (For each box checked,
you must state brief facts to support the issues):

Waterproofing & Weather Protection Issues (specify):

Gas & Plumbing Issues (specify):

Water Supply Issues (specify):

Heating Issues (specify):

Electricity Issues (specify):

Clean & Sanitary Premises (specify):

Trash Facilities Issues (specify):

Floors, Stairways, & Railings Issues (specify):

Lead Hazard Issues (specify):

Security Device Issues (specify):

Other (specify):

Approved for Optional Use Civil Code § 1941.1, § 1941.3


L-0982 (Rev. )HE , 202)
Attachment 3.Y.a to UD- [Link]
105 Answer-Unlawful
Detainer
For your protection and privacy, please press the Clear This Form button after
Clear This Form you are done printing the form. Print This Form
PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

Attachment 3.Y.b to UD-105 Answer-Unlawful Detainer

3. Affirmative Defenses (Continued)

b. Defendant made needed repairs and properly deducted the cost from the rent, and
Plaintiff did not give proper credit.

There were dilapidations rendering the premises untenantable. Defendant took the
following actions:

Defendant gave the landlord notice on (specify date) about the problems by
doing the following (specify):

Defendant told the landlord that the following needed to be fixed (specify):

The landlord's response to the above actions was (specify):

On (specify date) Defendant took the following actions (specify):

Approved for Optional Use Attachment 3.Y.b. to Civil Code § 1942


L-0983 (Rev. )HE. , 202) [Link]
UD-105Answer-Unlawful
Detainer
For your protection and privacy, please press the Clear This Form button after
Clear This Form Print This Form
you are done printing the form.
POS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):


E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE


STREET ADDRESS: 700 Civic Center Drive West
MAILING ADDRESS:

CITY AND ZIP CODE: Santa Ana, CA 92701


BRANCH NAME: Central Justice Center
PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

(Do not use this Proof of Service to show service of a Summons and Complaint.)
1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing
took place.

2. My residence or business address is:

3. On (date): I mailed from (city and state):


the following documents (specify):

The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served)
(form POS-030(D)).
4. I served the documents by enclosing them in an envelope and (check one):
a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b. placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this
business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in
a sealed envelope with postage fully prepaid.
5. The envelope was addressed and mailed as follows:
a. Name of person served:
b. Address of person served:

The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service
by First-Class Mail—Civil (Persons Served) (POS-030(P)).
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 OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)

Form Approved for Optional Use Code of Civil Procedure, §§ 1013, 1013a
Judicial Council of California PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL [Link]
POS-030 [New January 1, 2005] (Proof of Service)
INFORMATION SHEET FOR PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

(This information sheet is not part of the Proof of Service and does not need to be copied, served, or filed.)

NOTE: This form should not be used for proof of service of a summons and complaint. For that purpose, use Proof of
Service of Summons (form POS-010).
Use these instructions to complete the Proof of Service by First-Class Mail—Civil (form POS-030).
A person over 18 years of age must serve the documents. There are two main ways to serve documents:
(1) by personal delivery and (2) by mail. Certain documents must be personally served. You must determine whether
personal service is required for a document. Use the Proof of Personal Service–Civil (form POS-020) if the documents
were personally served.
The person who served the documents by mail must complete a proof of service form for the documents served. You
cannot serve documents if you are a party to the action.
INSTRUCTIONS FOR THE PERSON WHO SERVED THE DOCUMENTS
The proof of service should be printed or typed. If you have Internet access, a fillable version of the Proof of Service
form is available at [Link]/forms.
Complete the top section of the proof of service form as follows:
First box, left side: In this box print the name, address, and telephone number of the person for whom you served the
documents.
Second box, left side: Print the name of the county in which the legal action is filed and the court’s address in this box.
The address for the court should be the same as on the documents that you served.
Third box, left side: Print the names of the Petitioner/Plaintiff and Respondent/Defendant in this box. Use the same names
as are on the documents that you served.
First box, top of form, right side: Leave this box blank for the court’s use.
Second box, right side: Print the case number in this box. The case number should be the same as the case number on
the documents that you served.
Complete items 1–5 as follows:
1. You are stating that you are over the age of 18 and that you are not a party to this action. You are also stating that
you either live in or are employed in the county where the mailing took place.
2. Print your home or business address.
3. Provide the date and place of the mailing and list the name of each document that you mailed. If you need more
space to list the documents, check the box in item 3, complete the Attachment to Proof of Service by First-Class
Mail—Civil (Documents Served) (form POS-030(D)), and attach it to form POS-030.
4. For item 4:
Check box a if you personally put the documents in the regular U.S. mail.
Check box b if you put the documents in the mail at your place of business.
5. Provide the name and address of each person to whom you mailed the documents. If you mailed the documents to
more than one person, check the box in item 5, complete the Attachment to Proof of Service by First-Class
Mail—Civil (Persons Served) (form POS-030(P)), and attach it to form POS-030.
At the bottom, fill in the date on which you signed the form, print your name, and sign the form. By signing,
you are stating under penalty of perjury that all the information you have provided on form POS-030 is true
and correct.

POS-030 [New January 1, 2005]


PROOF OF SERVICE BY FIRST CLASS MAIL—CIVIL
(Proof of Service)

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