California Eviction Defense
Sued for eviction by your landlord? You can fight it, but time is running out. Learn how to fight an unlawful detainer lawsuit in California. Find the required forms, understand your timeline, and discover which affirmative defenses protect tenants.
Introduction
To contest an unlawful detainer lawsuit in California, a tenant must submit a formal written answer to the court within 10 court days of receiving the summons. This filing prevents a default judgment and requires the landlord to prove their case. By asserting statutory defenses, tenants secure an evidentiary trial to establish their legal rights and present evidence regarding the landlord's actions.
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Key Things to Know
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Filing an eviction defense involves submitting a formal, written answer to the court after a landlord initiates an unlawful detainer lawsuit against a tenant.
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Tenants must act quickly by submitting their written answer within a strict deadline of exactly 10 court days after receiving the summons.
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To properly contest the lawsuit, a tenant must complete and file the official court form known as UD-105.
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A tenant cannot file their paperwork just anywhere, so make sure to submit the written answer to the superior court in the county where the rental is located.
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A valid affirmative defense might be that a landlord charged more rent than allowed, a landlord didn't give a tenant a chance to fix a problem, or a landlord didn't give a tenant money to help them move.
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Additional defenses include showing a tenant didn't get proper notice of a rent increase, a landlord didn't give a legal reason for the eviction, or a landlord has failed to maintain the home (breach of the warranty of habitability).
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Claiming that a landlord is retaliating or discriminating also serves as a powerful affirmative defense under state law.
Key decisions before you file
Before you file a Eviction Defense in California, a few decisions shape the document: which option to choose and what each one means. The Eviction Defense guide walks through them.
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California Requirements for Eviction Defense
Form Number
You must prepare and submit form UD-105 to properly answer the complaint.
Response Deadline
Tenants must file their completed answer within exactly 10 days of being served the summons.
Filing Venue
All defense paperwork must be filed at the superior court in the county where the rental is located.
Habitability Claims
You can assert a defense if your landlord has failed to maintain your home (breach of the warranty of habitability).
Improper Financial Demands
It is a valid defense to prove that your landlord charged more rent than allowed or that you didnt get proper notice of a rent increase.
Opportunity to Cure
You may defend your tenancy by showing your landlord didnt give you a chance to fix a problem.
Relocation Assistance
Tenants facing no-fault removals can claim a defense if the landlord didnt give you money to help you move.
Illegal Motives
You can stop a removal by demonstrating that your landlord didnt give a legal reason for the eviction, or that your landlord is retaliating or discriminating.