When a landlord files an unlawful detainer lawsuit, the tenant receives a summons and complaint requiring a response within five business days. Missing this deadline results in a default judgment — the landlord wins automatically. Filing a timely answer is the most important single action a tenant facing eviction can take.
Judicial Council Form UD-105
The California Judicial Council provides Form UD-105 — the Answer to Unlawful Detainer — free at courts.ca.gov. The form lists every recognized affirmative defense: defective notice, breach of the warranty of habitability, retaliation, waiver, improper service, AB 1482 just cause violations, and others. Check every defense that applies.
The Most Important Defenses
Defective notice is a complete defense — if the 3-day notice has any of the defects covered in an earlier post (wrong amount, improper service, wrong date calculation), check that box and explain. Habitability is a defense if the unit has uninhabitable conditions the landlord failed to repair after notice. Retaliation is a defense if the eviction follows within 180 days of a protected activity. AB 1482 is a defense if the landlord lacks just cause for a covered tenancy.
Filing and Serving the Answer
File the completed UD-105 at the Superior Court clerk’s office before the five-day deadline. Pay the filing fee or request a fee waiver. Serve a copy on the landlord’s attorney or the landlord directly by mail. Keep a copy with the file-stamp date. The case cannot proceed to trial until your answer is on file.
Educational use only. Not legal advice. Justice Foundation.
California Tenant Defense System 
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