The Unlawful Detainer Answer: How to File It and What to Include

When a landlord files an unlawful detainer lawsuit, the tenant has five calendar days to file a written answer. That answer is the tenant’s only opportunity to raise defenses before a trial. Tenants who don’t file an answer — or file one without the right defenses — lose the case by default.

Defenses to Include

Common defenses in unlawful detainer cases include: improper service of the notice, incorrect amount stated in the notice, habitability violations that reduce or eliminate rent owed, retaliation, waiver (landlord accepted rent after the notice), and procedural defects in how the case was filed.

Habitability is the most powerful defense. A tenant who is being evicted for non-payment but who has a unit with documented habitability problems has a defense that can offset or eliminate the rent claimed. Courts will hear evidence of habitability conditions in the eviction case itself — the tenant doesn’t need to file a separate lawsuit to raise it.

The California Tenant Defense System gives renters the exact tools, templates, and step-by-step guidance to fight illegal evictions, recover wrongfully withheld security deposits, and enforce habitability rights — without paying an attorney to get started. Request your free evaluation here.