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Unlawful Detainer Answer

EVICTION / UNLAWFUL DETAINER ANSWER

BASIC APPLICANT INFO

Name:
State Bar Number (If Applicable):
Firm Name:
Street Address:
City:
State:
Fax No.:
Zip Code:
Telephone No.:
E-Mail Address:
Attorney For (Name):
Superior Court Of California County Of:
Court Street Address:
Court Mailing Address:
Court City And Zip Code:
Branch Name:
Plaintiff:
Defendant:
Case Number:

Defendant (Each Defendant For Whom This Answer Is Filed Must Be Named And Must Sign This Answer Unless His Or Her Attorney Signs):

Check Only One Of The Next Two Boxes:

Defendant Generally Denies Each Statement Of The Complaint. (Do Not Check This Box If The Complaint Demands More Than $1000.)

Defendant Admits That All Of The Statements Of The Complaint Are True Except

Defendant Claims The Following Statements Of The Complaint Are False (State Paragraph Numbers From The Complaint Or Explain Below Or On Form Mc-025):

Explanation Is On Mc-025 Titled As Attachment 2B(1).

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 On Form Mc-025):

Explanation Is On Mc-025 Titled As Attachment 2B(2).

AFFIRMATIVE DEFENSES

(NOTE For each box checked you must state brief facts to support it in item 3l (page 2).)

(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 Not Give Proper Credit.

(Nonpayment Of Rent Only) Before The Notice To Pay Or Quit Expired Defendant Offered The Rent Due But Plaintiff Would Not Accept It.

On Date:
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.

By Serving Defendant With The Notice To Quit Or Filing The Complaint Plaintiff Is Arbitrarily Discriminating Against The

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 3L The Facts Showing Violation Of The Ordinance.):

Plaintiff Accepted Rent From Defendant To Cover A Period Of Time After The Date The Notice To Quit Expired.

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.)

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.

Other Affirmative Defenses Are Stated In Item 3L.

Facts Supporting Affirmative Defenses Checked Above (Identify Facts For Each Item By Its Letter Below Or On Form Mc-025):

Description Of Facts Is On Mc-025 Titled As Attachment 3L.

OTHER STATEMENTS

Defendant Vacated The Premises

On Date:
The Fair Rental Value Of The Premises Alleged In The Complaint Is Excessive

(Explain Below Or On Form Mc-025):
Explanation Is On Mc-025 Titled As Attachment 4B.

Other

(Specify Below Or On Form Mc-025 In Attachment):
Other Statements Are On Mc-025 Titled As Attachment 4C.

DEFENDANT REQUESTS

that plaintiff take nothing requested in the complaint.

costs incurred in this proceeding.

Reasonable Attorney Fees.

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.

Other

(Specify Below Or On Form Mc-025):
All Other Requests Are Stated On Mc-025 Titled As Attachment 5E.

Number Of Pages Attached:
(Must Be Completed In All Cases.) An Unlawful Detainer Assistant:

Did

Did Not

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):

Assistant Name:
Assistant Telephone Number:
Assistant Street Address City And Zip Code:
County Of Registration:
Registration Number:
Expiration Date:
Date: