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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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.
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Case No.
NOTICE OF DEMURRER AND DEMURRER TO
COMPLAINT; MEMORANDUM OF POINTS AND
AUTHORITIES
DATE:
TIME:
DEPT:
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ANSWER TO UNLAWFUL DETAINER COMPLAINT

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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
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ANSWER TO UNLAWFUL DETAINER COMPLAINT

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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 ____________________.
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ANSWER TO UNLAWFUL DETAINER COMPLAINT

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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
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ANSWER TO UNLAWFUL DETAINER COMPLAINT