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Answer to an Unlawful Detainer in California

Answer to an Unlawful Detainer (form UD-105) is a California court form used by a tenant to respond to an eviction complaint. It records responses to the allegations and any defenses asserted. An Answer is filed in a court case; it is not a response form for the earlier notice from a landlord.

What Is the Difference Between a Notice and a Complaint?

A notice generally comes before an eviction lawsuit and describes a demand concerning the tenancy. A Summons and Complaint mean a court case has been filed. Notice deadlines and court response deadlines are separate. The California Eviction Process in Orange County article explains how these stages fit together.

When Is an Answer Due?

The deadline depends on the method of service. California Courts describes these general response periods:

  • Personal service: ten court days after the summons and complaint are served.
  • Substituted service or court authorized posting and mailing: ten calendar days after mailing for service to become complete, followed by ten court days.
  • Service through the Secretary of State's Safe at Home program: fifteen court days.

Court days exclude Saturdays, Sundays, and court holidays. These are general rules; other procedural circumstances may affect the deadline. The court's Answer instructions explain the timing distinctions.

What Information Does UD-105 Address?

The form identifies the court, parties, and case number. It provides space for responses to the complaint, defenses, and requests to the court. The current form and its instructions are available through the Judicial Council UD-105 page. Which statements or defenses apply depends on the facts and governing law.

Filing and Service Are Separate Steps

Delivering a copy of the Answer to the other side and filing the Answer with the court serve different purposes. Court guidance explains service by an adult who is not a party and documentation of that service. Mailing a copy to the landlord does not itself file the Answer.

Court Filing Fees and Fee Waivers

Each tenant named in the Answer must pay the required filing fee or request a fee waiver. The court decides whether a waiver is granted. Fee waiver requests address court costs and do not decide the eviction dispute. California Courts publishes filing and fee information.

What Happens After an Answer?

An Answer allows the defendant to participate in the case; filing it does not determine the outcome. The case may proceed toward trial or settlement. Landlord tenant mediation is one possible settlement process.

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