California Form UD-105 is the official Answer—Unlawful Detainer that a tenant files to fight an eviction lawsuit in state court. You must file it within 5 calendar days after being served with the Summons—Unlawful Detainer (SUM-130) and the landlord’s Complaint—Unlawful Detainer (UD-100), or you risk losing by default.
Eviction cases move faster than any other civil case in California, and missing the short response window is the single biggest reason tenants lose. According to the California Judicial Council’s 2024 Court Statistics Report, more than 170,000 unlawful detainer cases are filed each year, and roughly 45% end in default judgments because tenants never file an Answer.
In this guide, you will learn:
- 📝 How to fill out every box and line on Form UD-105 the right way
- ⚖️ Which affirmative defenses to check and how to support each one
- ⏰ The exact deadlines, filing fees, and service rules under CCP §1167
- 💡 Real examples from tenants who beat or settled their unlawful detainer
- 🚫 The most common mistakes that cause tenants to lose by default or waiver
What Form UD-105 Is and Why It Matters
Form UD-105 is the Judicial Council of California’s mandatory Answer form used by residential and commercial tenants who are sued for unlawful detainer (eviction). It is the document where you formally deny the landlord’s allegations, raise affirmative defenses, and demand a jury trial if you want one. Without a filed Answer, the court clerk will enter your default within hours of the landlord’s request, and the sheriff can post a 5-day lockout notice soon after.
The form is governed primarily by the California Code of Civil Procedure §§1161–1179a, which set the substantive rules for unlawful detainer, and by California Rules of Court Rule 1.31, which makes the Judicial Council form mandatory. The plain-English point is simple: if you want to stay in your home, you must file UD-105 on time, sign it under penalty of perjury, and serve a copy on the landlord’s attorney. The consequence of skipping it is a default judgment, a money judgment for back rent and attorney fees, and a sheriff lockout typically within 10–15 days. A common misconception is that calling the landlord, paying partial rent, or moving out partially “answers” the lawsuit. It does not, because only a filed and served UD-105 stops the clock.
Federal Law Backdrop
Federal law sets a floor that every California eviction must respect. The Fair Housing Act, 42 U.S.C. §3604, bans eviction based on race, color, national origin, religion, sex, familial status, or disability. The Servicemembers Civil Relief Act, 50 U.S.C. §3951, requires court approval before any default eviction of an active-duty servicemember.
The plain-English meaning is that even if your lease is broken, the landlord cannot use eviction to retaliate against a protected class or to push out a deployed soldier without due process. The consequence of a federal violation is a complete defense plus possible damages under 42 U.S.C. §3613. For example, Marcus, a Black tenant whose landlord filed UD-100 only after he reported a broken heater, can check Item 3(b)(8) on UD-105 and add a Fair Housing Act defense. A common misconception is that federal law only applies to subsidized housing; it applies to nearly every rental in the United States.
California Law Layer
California adds the Tenant Protection Act of 2019 (AB 1482), codified at Civil Code §1946.2, which requires just cause to evict most tenants of 12+ months and caps annual rent increases. It also adds Civil Code §1942.5 (anti-retaliation) and Civil Code §1941.1 (warranty of habitability).
The consequence of ignoring these is dismissal of the unlawful detainer or a defense verdict at trial. For example, Priya, a Sacramento tenant of 14 months served with a no-fault notice that lists no AB 1482 reason, can check Item 3(b)(7) and assert a just-cause defense. A common misconception is that AB 1482 covers every rental; single-family homes owned by non-corporate landlords with proper notice are often exempt under Civil Code §1947.12(d).
Before You Start: Deadlines, Fees, and Service
You have only 5 calendar days (not court days, except when day 5 is a weekend or holiday) to file UD-105 after personal service of the Summons under CCP §1167. If you were served by substitute service or posting and mailing, you get 15 days under CCP §415.45. Day 1 is the day after service, and weekends extend the deadline only when day 5 itself falls on a weekend or court holiday.
The filing fee in 2026 is $240–$450 depending on the amount in controversy under Government Code §70613. If you cannot afford the fee, file a Request to Waive Court Fees (FW-001) along with your Answer. You must also serve a stamped copy on the landlord’s attorney by mail using the Proof of Service by First-Class Mail (POS-030) and file the proof with the court.
The plain-English point is that filing without serving is the same as not filing at all. The consequence is a clerk’s default and lockout. Daniel, a Long Beach tenant, filed UD-105 on day 4 but forgot to mail a copy to opposing counsel; the landlord moved for default on day 8, and Daniel had to spend $60 and two weeks fighting a Motion to Set Aside Default under CCP §473(b) to reopen his case.
Where to File and Companion Forms
File UD-105 in the same superior court named on the Summons, almost always the unlimited or limited civil division of the county where the property sits. Bring three copies: one for the court, one for the landlord, and one for your records. The court will stamp them at the clerk’s window or e-file portal.
Common companion forms include the Civil Case Cover Sheet (CM-010) when required by local rules, the Prejudgment Claim of Right to Possession (CP10.5) for unnamed adult occupants, and the Demurrer (form-pleading or judicial-council DEM-010 equivalent) if the complaint is legally defective. The consequence of skipping CP10.5 is that an unnamed roommate can be evicted without ever appearing in court. A common misconception is that one tenant’s UD-105 protects every adult in the unit; it does not, because each named defendant must answer separately or jointly sign.
Line-by-Line Walkthrough of Form UD-105
This section walks you through every caption, box, and item on the current January 1, 2025 revision of UD-105. The form is two pages, but the second page packs nearly a dozen affirmative defenses you must read carefully. Take your time, and do not check a box you cannot prove.
Caption Box (Top of Page 1)
The top-left attorney box is for your name, address, phone, and email if you are self-represented; write the words “In Pro Per” under your name. The top-right court box is for the superior court name and street address copied verbatim from the Summons. The middle caption block is for the case caption (Plaintiff v. Defendant) and the case number, also copied from the Summons.
The plain-English meaning is that the court matches your Answer to the landlord’s Complaint by case number, so a typo can cause your filing to be rejected or lost. The consequence of a wrong case number is a clerk rejection and a missed deadline. Sofia, a Fresno tenant, transposed two digits; the clerk emailed her on day 6, and she had to walk in the same afternoon with a corrected copy and a CCP §473(a) ex parte request to fix it. A common misconception is that the court will “figure it out”; it will not, because UD cases are calendared by exact case number.
Item 1: Defendant Information
Item 1 asks each answering defendant to print their full legal name. If two roommates answer together, list both names; if only one answers, the others remain at risk of default unless they file separately or sign a joint UD-105.
The plain-English meaning is that only people who sign and are named in Item 1 are protected by this Answer. The consequence is that an unnamed adult occupant can be locked out under the writ of possession even if the named tenant wins. For example, Kai and Lin lived together in Oakland; only Kai answered, so Lin had to scramble to file a CP10.5 the morning of trial. A common misconception is that being on the lease is enough; the court only protects parties who appear by Answer or claim of right.
Item 2: General Denial vs. Specific Denial
Item 2 lets you choose Item 2(a) general denial (allowed only if the rent demanded in the Complaint is $1,000 or less per month, per CCP §431.40) or Item 2(b) specific denials of each numbered paragraph of the Complaint. Most California rents far exceed $1,000, so almost every tenant must use 2(b).
The plain-English meaning is that you must go paragraph by paragraph through UD-100 and tell the court which allegations you admit, deny, or lack information to admit or deny. The consequence of a wrong general denial is that the court treats your Answer as defective, which can lead to judgment on the pleadings. For example, Aisha in San Diego paid $2,400 rent and incorrectly checked 2(a); the landlord’s attorney filed a motion to strike, and Aisha had to amend within 10 days under CCP §472. A common misconception is that “denying everything” is safer; it is not, because dishonest denials can trigger sanctions under CCP §128.7.
Item 3: Affirmative Defenses (the Heart of UD-105)
Item 3 lists the legal reasons you should win even if some of the landlord’s facts are true. You should check every defense supported by the evidence, then attach a short factual statement on Item 3(b)(13) (“Other”) if needed.
Item 3(a)(1): Habitability Defense
This defense rests on Civil Code §1941.1 and the landmark case Green v. Superior Court (1974) 10 Cal.3d 616. The unit must be fit for human occupancy with working plumbing, heat, electricity, weatherproofing, and pest-free conditions.
The plain-English meaning is that you do not have to pay full rent for a slum. The consequence of a proven habitability defense is rent reduction or full dismissal. Marcus in Los Angeles withheld $300 of his $1,800 rent because a leaking roof destroyed his mattress; he checked 3(a)(1), brought photos and a LAHD inspection report, and the court reduced the judgment to zero. A common misconception is that you must give written notice for every defect; oral notice plus the landlord’s actual knowledge usually suffices under Knight v. Hallsthammar (1981) 29 Cal.3d 46.
Item 3(a)(2): Defective Notice
The landlord’s 3-day, 30-day, 60-day, or 90-day notice must state the exact unpaid rent (no late fees), the correct address, and the right cure period. Any defect voids the notice and the entire lawsuit.
The plain-English meaning is that the lawsuit is built on the notice; if the notice fails, the case fails. The consequence is dismissal without prejudice, meaning the landlord has to start over. Priya in Sacramento got a 3-day notice demanding $4,200 that included $400 in late fees; she checked 3(a)(2), and the judge dismissed the case under Levitz Furniture Co. v. Wingtip Communications (2001) 86 Cal.App.4th 1035. A common misconception is that small math errors are harmless; California courts strictly construe notices against the landlord.
Item 3(b)(1)–(13): Other Affirmative Defenses
These boxes cover waiver, retaliation under Civil Code §1942.5, discrimination under the Fair Employment and Housing Act, breach of the covenant of quiet enjoyment, AB 1482 just-cause violations, local rent control violations, and a catch-all “Other” box. Each defense has its own elements you must plead and prove.
| Defense Box | What You Must Show |
|---|---|
| 3(b)(2) Waiver/Estoppel | Landlord accepted rent after the notice expired |
| 3(b)(5) Retaliation | You complained to a code agency within the last 180 days |
| 3(b)(7) Discrimination | Eviction motivated by a protected characteristic |
| 3(b)(11) Local Ordinance | Notice violates LA RSO, SF Rent Ordinance, or similar |
Item 4: Fair Market Rental Value
Item 4 asks you to state the fair market rental value if you disagree with the landlord’s daily damage figure. This matters because the landlord can collect “holdover damages” for every day you stay after the notice expires.
The plain-English meaning is that the landlord’s rent number is often inflated to maximize damages. The consequence of leaving Item 4 blank is that the court accepts the landlord’s number. Daniel in Long Beach paid $1,500 a month, but the landlord claimed $90 per day in damages ($2,700 monthly); Daniel listed $50 per day in Item 4 and saved $1,200 at trial.
Item 5: Other Statements
Item 5 is a free-text box for facts that do not fit anywhere else, such as a pending HCD Mobilehome Residency Law violation or a written settlement the landlord ignored. Be brief, factual, and dated.
The plain-English meaning is that this is your chance to tell the court anything important the form missed. The consequence of a vague entry is that the judge ignores it. A common misconception is that emotional statements help; they do not, because the court wants dates, dollar amounts, and witnesses.
Item 6: Defendant Requests
Item 6 lets you ask for costs of suit, reasonable attorney fees if your lease has a fee clause (per Civil Code §1717), reasonable attorney fees under CCP §1942.5(i) for retaliation, and any other relief the court considers proper. Always check costs of suit, even pro per, because that recovers your filing fee.
The plain-English meaning is that prevailing tenants can shift costs and even fees back onto the landlord. The consequence of leaving every box blank is that you forfeit recovery even when you win. A common misconception is that pro per tenants cannot recover anything; you can recover costs under CCP §1032, just not attorney fees for self-representation.
Item 7: Number of Pages Attached
Item 7 asks how many extra pages you attached, including Attachment to Judicial Council Form (MC-025) sheets used to flesh out Item 3(b)(13) or Item 5. Count carefully and staple in order.
Verification and Signature Block
Sign, print your name, and date the verification under penalty of perjury per CCP §446. An unsigned UD-105 is treated as never filed.
The plain-English meaning is that your signature is your sworn statement that everything in the Answer is true. The consequence of a false statement is perjury and a money judgment. A common misconception is that you can sign for a roommate; only the actual defendant or an attorney of record can sign.
Three Real-World Scenarios
The cleanest way to understand UD-105 is to see how the boxes line up with everyday eviction stories. Each scenario below maps a concrete fact pattern to the correct items on the form.
Scenario 1: Habitability + Defective Notice
| Fact Pattern | UD-105 Response |
|---|---|
| Roof leak, no heat, $300 rent withheld | Check 3(a)(1) habitability with photos and Code Enforcement report |
| 3-day notice includes $400 in late fees | Check 3(a)(2) defective notice citing Levitz Furniture |
| Landlord rejected partial rent after notice | Check 3(b)(2) waiver |
Scenario 2: AB 1482 Just-Cause Violation
| Fact Pattern | UD-105 Response |
|---|---|
| Tenant of 14 months, no-fault 60-day notice | Check 3(b)(7) and write “AB 1482 violation” |
| Notice fails to state §1946.2(b) reason | Add MC-025 attachment quoting the statute |
| No relocation assistance offered | Demand dismissal in Item 5 |
Scenario 3: Retaliation After Code Complaint
| Fact Pattern | UD-105 Response |
|---|---|
| Tenant called county health on January 5 | Check 3(b)(5) retaliation under §1942.5 |
| Landlord served 30-day notice February 2 | Note 28-day gap, well within 180 days |
| Landlord raised rent 20% before notice | Check 3(b)(11) local rent control violation |
Concrete Examples With Named Tenants
Marcus Johnson rents a duplex in Inglewood for $1,800. After his ceiling collapsed in January 2026, he withheld $300 rent and emailed photos. The landlord served a 3-day notice for $300, then filed UD-100. Marcus filed UD-105, checked 3(a)(1) habitability, attached photos and a LA County Code Enforcement report, and won a defense verdict at a 20-minute bench trial.
Priya Patel rents a Sacramento studio for $1,650 and has lived there 14 months. She received a no-fault 60-day notice that did not list an AB 1482 reason. She filed UD-105, checked 3(b)(7) just-cause, attached a one-page MC-025 quoting Civil Code §1946.2(b), and the landlord dismissed two weeks later.
Daniel Nguyen rents a Long Beach apartment for $1,500 and complained to Long Beach Code Enforcement about cockroaches on January 5, 2026. The landlord served a 3-day notice on February 2, 2026. Daniel filed UD-105, checked 3(b)(5) retaliation, demanded a jury trial, and settled for a 60-day move-out with a sealed record under CCP §1161.2.
Local Ordinance Layer (LA, SF, Oakland, Berkeley, San Jose)
Local rent control adds extra defenses you should always check on Item 3(b)(11). The Los Angeles Rent Stabilization Ordinance and the city’s Just Cause Ordinance (Chapter XV.1) require registration, relocation fees, and one of 14 listed reasons.
The San Francisco Rent Ordinance covers most pre-1979 buildings and limits eviction to 16 just causes. The Oakland Just Cause Ordinance and the Berkeley Rent Stabilization Ordinance add filing requirements with the local rent board. The San Jose Apartment Rent Ordinance caps annual increases and lists 12 just causes.
The plain-English meaning is that even when AB 1482 does not apply, a local ordinance often does. The consequence of ignoring local law is a complete defense thrown away. A common misconception is that local rules only matter if your lease references them; they apply by force of law to every covered unit.
Mistakes to Avoid
Even strong cases collapse when tenants misuse Form UD-105. Below are the most common errors that lead to default, sanctions, or lost defenses.
- Missing the 5-day deadline under CCP §1167 leads to clerk’s default within 24 hours.
- Filing without serving the landlord’s attorney by mail produces a default even though the court has your paperwork.
- Using a general denial when rent exceeds $1,000 under CCP §431.40 lets the landlord strike your Answer.
- Checking habitability without evidence opens the door to sanctions under CCP §128.7 and a credibility hit at trial.
- Forgetting to demand a jury trial waives your jury right per CCP §631.
- Leaving Item 4 blank lets the landlord recover inflated daily damages.
- Failing to file a fee waiver when you cannot pay forces a clerk rejection and missed deadline.
- Not naming all adult occupants lets the sheriff lock them out via writ of possession.
- Signing on behalf of a roommate is unauthorized practice and voids the Answer.
- Mailing UD-105 to the wrong court wastes the 5-day window and forces a refile.
Do’s and Don’ts
These quick rules apply to every UD-105 filer in California.
- Do read every line of the Complaint UD-100 before checking boxes, because your denials must match the numbered paragraphs.
- Do attach an MC-025 for any defense that needs more than one or two sentences of explanation.
- Do request a jury trial in the prayer, because juries acquit on close habitability calls more often than judges.
- Do keep three stamped copies of your filed Answer, since you will need them at trial and for your records.
- Do file a Request to Set Aside Default (CIV-110) within six months if you missed the deadline.
- Don’t lie under oath; perjury is a felony under Penal Code §118 and gives the landlord a free credibility win.
- Don’t ignore the trial-setting clock; the landlord can file a UD-150 Request to Set Case for Trial within days of your Answer.
- Don’t pay rent directly to the landlord after filing without a written stipulation, because a casual payment can waive habitability claims.
- Don’t hand the original UD-105 to the landlord; only the court keeps the original.
- Don’t assume the landlord’s attorney will accept email service unless you have a Notice and Acknowledgment of Receipt (POS-015).
Pros and Cons of Filing UD-105 Pro Per
Self-representing is common in unlawful detainer because legal aid is overwhelmed. Weigh these tradeoffs honestly.
- Pro: Costs only the $240–$450 filing fee or zero with a granted FW-001.
- Pro: You control every defense and can settle on terms you accept.
- Pro: Filing alone stops the default clock and forces the landlord to prove every element.
- Pro: California courts under CRC Rule 1.6 accept self-represented filings liberally and clerks often help with caption errors.
- Pro: A filed Answer can be sealed under CCP §1161.2 if you prevail or settle within 60 days.
- Con: Trial happens in 20 days or less after a UD-150 request, leaving little time to prepare.
- Con: You cannot recover attorney fees for self-representation under Trope v. Katz (1995) 11 Cal.4th 274.
- Con: Evidence rules apply at trial, and pro per tenants often fumble hearsay objections.
- Con: A losing tenant faces a money judgment plus a credit-report hit and possible blacklisting by tenant-screening services.
- Con: If you raise frivolous defenses, the court can sanction you under CCP §128.5.
Key Entities Involved in a UD-105 Case
Several institutions and roles shape every unlawful detainer in California. Knowing who they are makes the form less intimidating.
The Judicial Council of California drafts and updates UD-105. The superior court clerk stamps and dockets the form, while the assigned superior court judge rules on motions and trial. The landlord’s attorney drafts the UD-100 and serves you with the Summons, and legal aid groups like Bay Area Legal Aid, Legal Aid Foundation of Los Angeles, and Tenants Together provide free help to qualifying tenants.
City and county code enforcement agencies, such as the LA Housing Department, produce inspection reports that often serve as habitability evidence. The county sheriff enforces the writ of possession after judgment under CCP §1170.5. The California Department of Real Estate and the Civil Rights Department handle parallel discrimination complaints that strengthen Item 3(b)(7).
Recap of Key Court Rulings
California case law shapes every UD-105 defense. Green v. Superior Court (1974) 10 Cal.3d 616 created the implied warranty of habitability defense in nonpayment cases. Knight v. Hallsthammar (1981) 29 Cal.3d 46 held that a landlord with actual knowledge of defects cannot demand written notice as a precondition to repair.
Levitz Furniture Co. v. Wingtip Communications (2001) 86 Cal.App.4th 1035 enforces strict construction of 3-day notices that overstate rent. Trope v. Katz (1995) 11 Cal.4th 274 bars pro per attorney fees. Borsuk v. Appellate Division of Superior Court (2015) 242 Cal.App.4th 607 limits the use of motions to quash for service defects in unlawful detainer.
FAQs
Do I really have only 5 days to file UD-105?
Yes. Under CCP §1167, you have 5 calendar days after personal service of the Summons. Day 1 is the day after service, and weekends count unless day 5 falls on a holiday.
Can I file UD-105 if I never received a 3-day notice?
Yes. You should file UD-105 and check Item 3(a)(2) defective notice, because lack of proper service of the underlying notice is a complete defense and forces the landlord to dismiss or lose at trial.
Do I have to use the official Judicial Council form?
Yes. California Rules of Court make UD-105 mandatory. A homemade answer is rejected by clerks under CRC Rule 1.31, which costs you precious days.
Can I demand a jury trial on UD-105?
Yes. Check the jury demand in the prayer or file a separate jury fee deposit of $150 under CCP §631 within five days of the Memorandum to Set.
Is habitability a real defense to nonpayment?
Yes. Green v. Superior Court allows you to reduce or eliminate rent owed when conditions violate Civil Code §1941.1. You must prove the defects with photos, reports, or testimony.
Can I file UD-105 if I cannot pay the filing fee?
Yes. File FW-001 at the same time. The clerk will process the Answer immediately if the waiver shows household income below 125% of the federal poverty line.
Will filing UD-105 hurt my credit?
No. Filing alone does not appear on credit reports. Only a recorded judgment for possession or money does, and even that is sealed for 60 days under CCP §1161.2.
Can I add new defenses after filing UD-105?
Yes. You may amend once as a matter of right within 10 days under CCP §472, or later by leave of court if discovery reveals new facts.
Do I need a lawyer to fill out UD-105?
No. Many tenants file pro per, but free help from LawHelpCA or local legal aid greatly improves outcomes, especially when raising AB 1482 or local rent-control defenses.
Can my landlord still evict me if I file UD-105 on time?
Yes. Filing only buys you a trial, usually within 20 days. To win, you must prove your defenses with evidence such as photos, witnesses, and code-enforcement reports.
Does filing UD-105 stop the sheriff from locking me out?
Yes. A timely filed and served Answer prevents the clerk from entering default, which means no writ of possession can issue under CCP §1170.5 until after trial.
Can I settle the case after filing UD-105?
Yes. Most unlawful detainers settle. A written stipulation under CCP §664.6 lets you trade time to move for dismissal and a sealed court record.
Related reading
- How to Fill Out California Form UD-100 (w/Examples) + FAQs
- How to Fill Out California Form UD-101 (w/Examples) + FAQs
- How to Fill Out California Form UD-110 (w/Examples) + FAQs
- How to Fill Out California Form UD-115 (w/Examples) + FAQs
- How to Fill Out California Form UD-116 (w/Examples) + FAQs
- How to Fill Out California Form UD-150 (w/Examples) + FAQs
- How to Fill Out Washington Form LT 01 (w/Examples) + FAQs