Defenses you can use in an eviction court case
If you want to file an Answer (form UD-105) to an eviction lawsuit and defend yourself in court, you'll need to give a defense (the legal reason you shouldn't be evicted). You can have more than one defense. This page explains the most common defenses used in eviction cases. It's not a complete list of every defense that's available under the law.
Common eviction defenses
You may have good reasons you think you shouldn’t be evicted, but to defend yourself in an eviction case, you'll need to find out if there's a law that protects you. These laws may be your legal defense(s).
If you want the court to consider your legal defenses, you must include them in the Answer you file to respond to the lawsuit. The Answer (form UD-105) has a list of defenses with checkboxes so you can select a defense that applies to you.
Review the defenses below to see if there's one that applies to your situation
If you find a defense that seems to match your situation, you may still need to research the law (also sometimes called codes, regulations, or ordinances) that describes the defense to see if it applies to your exact situation.
Many defenses have specific requirements. It’s always best to get legal advice to see how the defenses might apply to you and your situation. A local law library or court Self-Help Center may be able to help you do more research.
The Tenant Protection Act may apply to my situation
The Tenant Protection Act (TPA) protects many tenants in California from eviction. But you are not protected by the TPA if:
- You are "at fault" (examples are not following the lease, severely damaging the home, or subletting when the lease says you can't)
- You've lived in the home for less than 12 months (and if there is more than 1 tenant then all tenants have lived there for less than 12 months)
- You live in the home (single houses, condominiums, or apartments) with the owner (for example, renting a room in the owner's home)
- You live in housing with up to 2 in-law units that has shared bathroom or kitchen facilities for use by the tenants and live-in owner
- You live in a duplex unit where the owner's primary home is the other unit
- You live in a 15 year old, or newer, multi-family residence (like an apartment complex)
- You live in other housing like a nonprofit hospital, licensed care and health facility, school or college dorm, government housing, religious housing, hotels/motel, or other temporary housing
- Your landlord wants to move themselves or a family member into the home
- Your landlord is going to significantly remodel or tear down the home
- Your landlord is going to stop renting the home altogether
- The government issues an order that people living in the home must move out
If you are protected by the TPA you may have one or more of the following defenses:
If your landlord raised the rent more than allowed and you're being evicted for the amount in excess of what they're allowed to charge, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(4)
- On the Attachment (form MC-025), write UD-105, item 3t and show how the amount your landlord is charging you is more than you're required to pay.
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If you are protected by the Tenant Protection Act, your landlord said you were doing something that violated the lease, but didn't give you a chance to fix it before giving you a 3-day Notice to Quit, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(2)
- On the Attachment (form MC-025), write UD-105, item 3t and describe how and when you to tried to fix the issue and how and when your landlord responded, if at all.
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If you are protected by the Tenant Protection Act and your landlord wants you to move for a reason that's covered by the Act, they have to give you money to help you move. If they didn't, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(3)
- On the Attachment (form MC-025), write UD-105, item 3t and describe what the landlord exactly told you when they tried to get you to move out.
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If your landlord raised the rent more than allowed by law, didn't give you the number of days of required notice of the increase, and is then basing the Notice to Pay Rent or Quit on the incorrect rent increase, you may be able to use this as a defense.
On the Answer - Unlawful Detainer (form UD-105), check boxes 3i and 3i(4)
On the Attachment (form MC-025), write UD-105, item 3t and describe how you know your landlord raised your rent, didn't give you enough notice it was going to go up, and then tried to evict you for the increased amount of rent.
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See Civil Code section 1947.12
If you think the reason your landlord is evicting you isn't a reason (just cause) allowed by the Tenant Protection Act, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(1)
- On the Attachment (form MC-025), write UD-105, item 3t and explain why the landlord's reason for evicting you isn't a legal reason.
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I may be protected by local rent and/or eviction control laws
If you are in a home that is:
- A home covered by the rent control or eviction control laws (ordinances) of the city or county where you live
- In a federally subsidized housing project
- A home covered by Section 8 housing laws
Your landlord's efforts to evict you may violate local rent or eviction control law and you may be able to use this as a defense.
On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3h and tell the judge which rent or eviction control law protects you.
On the Attachment (form MC-025), write UD-105, item 3t and explain how your landlord violated the law.
If none of these 3 reasons describe your situation, read about the Tenant Protection Act section above to see if it applies and may be a legal defense for you.
I did what the Notice said or my Landlord said I didn't need to
If you tried to pay the landlord the full amount of rent due, before the Notice to Pay Rent or Quit deadline, but the landlord wouldn’t take the money, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3c and include the date you tried to pay.
- On the Attachment (form MC-025), write UD-105, item 3t then explain that you offered to pay the rent and how you told your landlord (for example, in person, by email, or by phone) and what the landlord did when you offered.
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If your landlord told you that you had more time to pay or that you didn't actually have to move out, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3e
- On the Attachment (form MC-025), write UD-105, item 3t then explain what the landlord said that made you think they'd changed or canceled the Notice they gave you.
If your landlord accepted or made you think they were accepting money for rent for the month after the Notice expired, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3j
- On the Attachment (form MC-025), write UD-105, item 3t then explain how much you paid your landlord, and when, and that you meant for it to pay for rent.
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My landlord is retaliating or discriminating against me
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 are giving your landlord notice that you think your home has bed bugs, or you've complained to them about other serious problems with your home.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3f
- On the Attachment (form MC-025), write UD-105, item 3t then 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 the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3l
- On the Attachment (form MC-025), write UD-105, item 3t then 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 the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3g
- On the Attachment (form MC-025), write UD-105, item 3t then 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 the Unruh Act
If you think your landlord wants to evict you because you have a disability, you're asking for a reasonable accommodation because of it, and your landlord doesn't want to accommodate you, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3r
- On the Attachment (form MC-025), write UD-105, item 3t and 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 landlord wouldn't take the rent from this other person or agency, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3q
- On the Attachment (form MC-025), write UD-105, item 3t and 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 the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3p and 3p(1)
- On the Attachment (form MC-025), write UD-105, item 3t and 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 to a different month than the month you were paying for, without your written permission, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3p and 3p(2)
- On the Attachment (form MC-025), write UD-105, item 3t and 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 you because 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 the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3k
- On the Attachment (form MC-025), write UD-105, item 3t and 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 the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3k(2)
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See Code of Civil Procedure section 1161.3 and Code of Civil Procedure section 1174.27.
My landlord hasn't taken care of the home I rent
If your landlord hasn't maintained your home as a safe and healthy place to live - for example, there is no heat, a leaking roof, broken door locks, or no hot and cold running water - you may be able to use this as a defense to the eviction or to lower the amount of money you might owe.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3a
- On the Attachment (form MC-025), write UD-105, item 3t and describe the following
- The problems in your home
- That the problems were not caused by normal wear and tear
- That the problems were not caused by you or your visitors
- Where and when you told your landlord about them
- How long it took your landlord to fix the problem, or if they did
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If:
- You told your landlord about a repair your home needed (serious problems that make your home unlivable)
- Your landlord didn't fix the problem
- You fixed the problem
- You subtracted the repair cost from your rent correctly, and
- Your landlord didn't give you credit for the repairs you paid for
you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3b
- On the Attachment (form MC-025), write UD-105, item 3t and describe when and how you told your landlord about the need for repairs, the repairs you paid for, how much you paid, and when you paid for them.
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My landlord gave me a Notice that doesn't follow the law
If the Notice your landlord gave you:
- Wasn't in writing
- Wasn't given to you the way the law requires
- Said you owe more than the actual amount of rent due (if you're being evicted for not paying rent)
- Included other charges besides rent
- Didn't give instructions for how to pay the rent (where, when, type of payment)
You may be able to use this defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3s
- On the Attachment (form MC-025), write UD-105, item 3t and explain how the Notice your landlord gave you didn't follow the law
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If your landlord is evicting you because you failed to pay rent that was due more than one year ago, you may be able to use this as a defense.
- On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3d
- On the Attachment (form MC-025), write UD-105, item 3t and then provide the due dates and amounts of unpaid rent from more than one year ago that the landlord is using to evict you.
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