When a landlord files an unlawful detainer lawsuit, the tenant has only five calendar days to file a written answer. This deadline is strict — missing it results in a default judgment and loss of the case without any hearing.
What the Answer Must Include
File Form UD-105 (Defendant’s Answer — Unlawful Detainer) at the courthouse where the case was filed. The form asks you to check boxes for your defenses and provide a brief statement of your position. Common defenses to include: improper service of the notice, defects in the notice, habitability, retaliation, waiver (landlord accepted rent after the notice was served), and any procedural defects in how the case was filed.
Filing the answer buys you time and preserves your rights. Even if you’re not sure of all your defenses, filing a timely answer prevents default and gets you a hearing date. The hearing is where you present your evidence. The answer is just the first step — but it’s the step that keeps you in the game.
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. Request your free evaluation here.
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