UD-105 – Answer – Unlawful Detainer – California Courts

The form UD-105 “Answer – Unlawful Detainer” is a legal document used in the state of California for defendants in an eviction case to respond to the complaint filed against them. This form allows defendants to assert their defenses against the claims made in the eviction notice (unlawful detainer complaint). Defendants can deny allegations from the complaint either generally or specifically, and they can outline various defenses and objections, such as nonpayment of rent issues, claims of retaliation, violations of local or state tenant protection laws, and other grounds. The UD 105 form provides a structured way for defendants to detail their side of the story and request specific remedies, including the denial of the plaintiff’s demands, legal costs, and attorney’s fees. Additionally, it includes sections for entering details about the case number, parties involved, and legal representation, if any. The form concludes with a verification section where the defendants confirm the accuracy of their statements under penalty of perjury.

Here is a guide on how to fill out the UD-105 form California:

Step-by-Step Instructions for Filling Out Unlawful Detainer Answer UD-105

Part 1: Case Information

1. Case Number: Fill in the case number as listed on the eviction notice or complaint you received.
2. Attorney or Party Without Attorney: If you have an attorney, enter their information here. If not, provide your own details, including your state bar number if applicable.
3. Name, Firm Name, and Contact Information: Fill in your name, the name of the firm (if applicable), address, phone number, fax, and email.
4. Attorney For: If you are being represented, name your attorney here.

Part 2: Court and Case Information

1. Superior Court of California, County of: Enter the name of the county where the case is being filed.
2. Street Address, Mailing Address, City, ZIP Code, Branch Name: Provide the details of the court as required.

Part 3: Party Information

1. Plaintiff: Name the plaintiff as listed on the complaint.
2. Defendant: List your name as the defendant.

Part 4: Responding to the Complaint

Denials:

1. • General Denial: Check this box if the complaint demands $1,000 or less, denying all allegations.
   • Specific Denials: If the complaint demands more than $1,000, check this box and specify which allegations you deny.

Part 5: Defenses and Objections

1. Check the boxes that apply to your defenses: These may include claims about the habitability of the premises, rent payment issues, retaliation, etc.
2. Provide Details in Item 3w or on Form MC-025: For each defense checked, you must provide a brief explanation or refer to an attached page (Form MC-025).

Part 6: Other Statements

1. Vacated Premises: If you have already vacated the premises, provide the date.
2. Fair Rental Value: If claiming the rental value stated is excessive, explain here or on Form MC-025.

Part 7: Defendant Requests

List what you are requesting from the court: This can include dismissal of the plaintiff’s demands, costs incurred, reasonable attorney’s fees, and specific orders for repairs or rent adjustments.

Part 8: Attachments and Verification

1. Number of Pages Attached: Indicate the number of additional pages attached.

1. Verification: Sign and date the form, verifying that the information provided is true under penalty of perjury. If the verification is by an attorney or for a corporation or partnership, use a different verification form.

Part 9: Unlawful Detainer Assistant

If helped by an Unlawful Detainer Assistant: Provide their information including name, registration number, and expiration date.

Final Steps

• Review all the information to ensure accuracy.
• Sign the form in the designated places.
• File the form with the court and serve a copy to the plaintiff or their attorney.

Remember, filling out legal forms accurately is crucial in legal proceedings. If you are unsure about any part of the process, it is advisable to seek legal assistance.