If you think your landlord is evicting you because you reported a code violation, other health and safety issue, or to get back at you for some other reason, you may be able to use this as a defense. Examples of other reasons aregiving your landlord notice that you think your home hasbed bugs, or you've complainedto them about other serious problems with your home.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105), check box 3f
- On theAttachment (formMC-025), write UD-105, item 3tthen explain what you reported, when you reported it or did the lawful act, and why you think that's the reason your landlord's trying to evict you.
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If you think your landlord wants to evict you because you or someone else called the police or for emergency help, like an ambulance, because you or the other person thought you needed to call for emergency help to keep someone safe, you may be able to use this as a defense.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105), check box 3l
- On theAttachment (formMC-025), write UD-105, item 3tthen explain why you called emergency services, when you reported it, and why you think that's the reason your landlord's trying to evict you..
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If you think your landlord is evicting because of your race, sex, religion, national origin, marital status, sexual orientation, number of children, job, physical or mental disability, or because you are receiving public assistance, you may be able to use this as a defense.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105), check box 3g
- On theAttachment (formMC-025), write UD-105, item 3tthen explain why you think the landlord is discriminating against you, for example, other things they might have done that are discriminatory.
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See theUnruh Act
If you think your landlord wants to evict youbecause you have a disability, you'reasking for a reasonable accommodation because of it, and your landlord doesn't want to accommodateyou, you may be able to use this as a defense.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105),check box 3r
- On theAttachment (formMC-025),write UD-105, item 3tand describe the accommodation you asked for, what your landlord said about accommodating it, and why you think that's why they're trying to evict you now.
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If someone else offered to pay your rent to your landlord and the landlordwouldn't take the rent from this other person or agency, you may be able to use this as a defense.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105),check box 3q
- On theAttachment (formMC-025),write UD-105, item 3tand explain who offered to pay your rent, when they tried to pay your landlord, and how your landlord responded.
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If you were a tenant between March 1, 2020 and September 30, 2021 and your landlord used your security deposit to pay past due rent or other money you owed them without your written permission, you may be able to use this as a defense.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105),check boxes 3pand 3p(1)
- On theAttachment (formMC-025), write UD-105, item 3tand describe how you know how the landlord applied your rent payment and how it violates the law.
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If you were a tenant between March 1, 2020 and September 30, 2021 and your landlord applied your monthly rent payment toa different month than the month you were paying for, without your written permission, you may be able to use this as a defense.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105),check boxes 3pand 3p(2)
- On theAttachment (formMC-025), write UD-105, item 3tand describe how you know how the landlord applied your rent payment and how it violates the law.
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If you think your landlord wants to evict youbecause of abuse or violence against you, your family members, or someone who lives with you, you may be able to use this as a defense. This defense requires documented evidence of the abuse or violence, such as a signed statement from a qualified third person or a recent protective (or restraining) order or police report.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105),check box 3k
- On theAttachment (formMC-025),write UD-105, item 3tand describe why you think your landlord is trying to evict you because of the violence or abuse.
If the abuse or violence was committed by a person who lives in the unit, the court may be able to order an eviction of only the person who committed the abuse or violence.
- On theAnswer- Unlawful Detainer-Eviction (form UD-105),check box 3k(2)
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SeeCode of Civil Procedure section 1161.3and Code of Civil Procedure section 1174.27.
