Ud 105 Form PDF Details

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Form NameUd 105 Form
Form Length5 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 15 sec
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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:

ANSWER—UNLAWFUL DETAINER

CASE NUMBER:

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), (c), and (d), 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

Form Approved for Optional Use

 

Civil Code, § 1940 et seq.;

ANSWER—UNLAWFUL DETAINER

Code of Civil Procedure, §§ 425.12,

Judicial Council of California

1161 et seq., 1179.01 et seq.

UD-105 [Rev. October 1, 2021]

 

 

www.courts.ca.gov

 

 

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

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 www.courts.ca.gov/selfhelp-eviction.htm.)

a.

 

 

 

(Nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.

 

 

 

(Nonpayment of rent only) Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did

b.

 

 

 

 

 

 

 

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.

 

 

 

 

Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.

e.

 

 

 

 

 

 

By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the

f.

 

 

 

 

 

 

 

defendant in violation of the Constitution or the laws of the United States or California.

 

 

 

Plaintiff's demand for possession violates the local rent control or eviction control ordinance of (city or county, title of

g.

 

 

 

 

 

 

 

ordinance, and date of passage):

 

 

 

 

 

(Also, briefly state in item 3w the facts showing violation of the ordinance.)

 

 

 

Plaintiff's demand for possession is subject to the Tenant Protection Act of 2019, Civil Code section 1946.2 or 1947.12,

h.

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.

i.

 

 

 

 

 

 

Plaintiff seeks to evict defendant based on an act against defendant or a member of defendant's household that

j.

 

 

 

 

 

 

 

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).)

 

 

 

 

Plaintiff seeks to evict defendant based on defendant or another person calling the police or emergency assistance (e.g.,

k.

 

 

 

 

 

 

 

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.

 

 

 

 

Plaintiff's demand for possession of a residential property is in retaliation for nonpayment of rent or other financial

l.

 

 

 

 

 

 

 

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. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

Page 2 of 5

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

3. m. (3)

(4)

(5)

(6)

(a)

(b)

(c)

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

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).)

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).)

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):

Plaintiff's demand for payment includes late fees on rent or other financial obligations due between March 1, 2020, and September 30, 2021.

Plaintiff's demand for payment includes fees for services that were increased or not previously charged.

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)

n.

(1)

(2)

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).)

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):

Plaintiff's notice to quit 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). Plaintiff's notice to quit did not include a translation of the statutorily required notice. (Code Civ. Proc.,

§ 1179.10(a)(2) and Civ. Code, § 1632.)

o.

(1)

(2)

(3)

(4)

p.

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):

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.

Plaintiff's application for rental assistance was not denied.

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).)

Rental assistance has been approved and tenant is separately filing an application to prevent forfeiture (form UD-125).

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)

(2)

(3)

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).)

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).)

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).)

UD-105 [Rev. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

Page 3 of 5

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

3. 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. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

Page 4 of 5

UD-105

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

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)

(TYPE OR PRINT NAME)

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

(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)

Date:

(TYPE OR PRINT NAME)

Date:

(SIGNATURE OF DEFENDANT)

(SIGNATURE OF DEFENDANT)

(TYPE OR PRINT NAME)

(SIGNATURE OF DEFENDANT)

 

UD-105 [Rev. October 1, 2021]

ANSWER—UNLAWFUL DETAINER

 

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1. The Ud 105 Form needs particular details to be inserted. Make sure the subsequent blanks are complete:

Writing segment 1 of Ud 105 Form

2. Once the last array of fields is complete, it is time to include the necessary specifics in explain below or if more room, Explanation is on form MC titled, b Defendant has no information or, them state paragraph numbers from, Explanation is on form MC titled, Denial of Allegations in, Defendant did not receive, Defendant claims the statements in, c Defendant claims the following, Detainer form UD are false state, and Explanation is on form MC titled so you're able to progress to the third step.

Step number 2 for completing Ud 105 Form

People frequently make errors when completing Explanation is on form MC titled in this area. Be certain to go over what you type in here.

3. Completing PLAINTIFF, DEFENDANT, CASE NUMBER, d Defendant has no information or, AllegationsUnlawful Detainer form, Explanation is on form MC titled, DEFENSES AND OBJECTIONS NOTE For, more room is needed on form MC You, Nonpayment of rent only Plaintiff, Nonpayment of rent only Defendant, Nonpayment of rent only On date, Plaintiff waived changed or, before the notice to pay or quit, Plaintiff served defendant with, and By serving defendant with the is essential for the next step, make sure to fill them out in their entirety. Don't miss any details!

Tips to complete Ud 105 Form stage 3

4. To go ahead, this next section involves typing in a couple of fields. Included in these are Plaintiffs demand for possession, Plaintiffs demand for possession, Plaintiff failed to state a just, Plaintiff failed to provide an, Plaintiff failed to comply with, Plaintiff has raised the rent more, Plaintiff violated the Tenant, Plaintiff accepted rent from, Plaintiff seeks to evict defendant, Plaintiff seeks to evict defendant, Plaintiffs demand for possession, and Plaintiffs demand for possession, which you'll find integral to continuing with this form.

Plaintiff seeks to evict defendant, Plaintiff failed to provide an, and Plaintiff failed to comply with inside Ud 105 Form

5. The final step to finish this form is essential. You'll want to fill in the required fields, for example Plaintiff did not serve the, Plaintiff did not serve the, UD Rev October, ANSWERUNLAWFUL DETAINER, and Page of, prior to finalizing. Or else, it can produce an unfinished and potentially invalid document!

Stage # 5 of filling in Ud 105 Form

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