Sample answer to unlawful detainer (eviction) complaint for california

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This sample answer to an unlawful detainer (eviction) complaint for California contains 15 affirmative defenses including breach of implied warranty of habitability, constructive eviction, retaliatory eviction and more. The sample on which this preview is based was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.

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Sample answer to unlawful detainer (eviction) complaint for california

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Defendant Any Street Any Town, CA 55555 714-555-5555 Defendant, In Pro Per Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To purchase the California eviction document package containing 20 documents including the entire answer, a motion to quash, a demurrer, motion to strike and more for only $49.99 visit http://pul.ly/b/67303 or http://wwwegaldocspro.com/downloads.aspx - 1 - ANSWER TO UNLAWFUL DETAINER COMPLAINT
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMES NOW, the Defendant, ____________, who answers the unlawful detainer complaint of Plaintiff, ________________________, as follows: 1. Defendant denies the allegations in paragraph 1 and 6. 2. Defendant admits the allegations in paragraph 2. 3. Defendant has no information or belief that the allegations in paragraphs 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 and 15 are true so Defendant denies them. 4. Except as expressly admitted herein, Defendant denies all of the allegations of the complaint. If you know that everything in a particular paragraph is false then deny it. If you have no knowledge whether a particular paragraph is true, then deny it on information and belief as shown in paragraph 3 above. Remember that anything that you do not specifically deny will be considered admitted and that you must admit or deny every paragraph. Remember that you only have five (5) calendar days to answer the complaint. Don’t be late or you will be out of luck. Be sure to modify the affirmative defenses to suit your individual situation. Do NOT just use the wording below - 2 - ANSWER TO UNLAWFUL DETAINER COMPLAINT
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unless it definitely applies to your particular situation. Remember that you must file and serve your answer by the deadline or a default will be entered against you. FURTHER, AS SEPARATE AFFIRMATIVE DEFENSES to each and every cause of action of the complaint, this answering defendant is informed and believes, and on such information and belief alleges as follows: FIRST AFFIRMATIVE DEFENSE 5. As a first and separate affirmative defense to the complaint, this answering defendant alleges that she is entitled to possession of the premises which is the subject of this complaint pursuant to the provisions of Public Law 111-22, signed by President Barack Obama and effective May 20, 2009, titled The Protecting Tenants at Foreclosure Act of 2009, Section 702 which states in pertinent part that, “(a) In General- In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to-- (1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure-- (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease,...” This answering defendant signed a lease with the previous owner on ________________ and said lease does not expire until ____________________. - 3 - ANSWER TO UNLAWFUL DETAINER COMPLAINT
  4. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND AFFIRMATIVE DEFENSE 6. As a Second and Separate Affirmative Defense, this answering defendant alleges the affirmative defense of “constructive eviction” in that 1the plaintiff’s actions or omissions so interfere with the tenant’s right to “peaceful and beneficial possession” of the rental unit that the unit or a portion of it becomes uninhabitable due to persistent harassment by the plaintiff, including several attempts to lock this answering defendant out of the premises prior to commencing the lawsuit, and several attempts to have the utility service at the premises shut off. To view and purchase the entire document visit: http://www.scribd.com/doc/46578589/Sample-Answer-to-Unlawful- Detainer-Complaint-for-California - 4 - ANSWER TO UNLAWFUL DETAINER COMPLAINT

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