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Answer to complaint for unlawful detainer Form: What You Should Know

If you have not signed the Complaint or served the defendant, provide it to the defendant at the same time you file your Answer. (3) Notice of Entry (Form UD-105). If you have not served your opponent with a Complaint, you do not have to serve him with Notice of Entry, or of the filing of any Motion. Your opponent may be served (see “Do You Have to Serve Your Opponent” under How Do I File a Motions Pertaining to Unlawful Detained Cases? (page 1)) only by the sheriff, a deputy of the court, (when acting pursuant to a summons), the California Highway Patrol, or a sheriff's deputy acting pursuant to a sheriff's warrant, or when the defendant is served with the complaint and not the answer. At the same time that you file your Answer, the sheriff, sheriff's deputy, or other officer may serve the defendant's Notice of Entry. (4) Defenses in Answer to the Complaint(Form UD-105). Provide the Answer to the court, not your opponent, within 40 days after (5) Filing an answer under California law. See How do I file an Answer (page 1) if you have other grounds for an eviction? (page 8) DEFINITION OF AFFIRMATIVE DEFENSES. IN AN UNLAWFUL DETAINED  CASE OF ANSWER. 4(a) Defendant alleges that: (A) You were illegally detained in California pursuant to a writ of restitution issued in a court of competent jurisdiction, (B) (1) Your rental agreement or rental agreement bylaw includes a provision which prohibits you from holding the tenant liable for rent, (2) The provisions of the rental agreement and the bylaw create a defense to a claim of landlord's wrongdoing or (3) The landlord has breached his contractual obligation.

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