California Tenants' Rights (18th ed.) Changed Forms and New Attachment for 2012

From time to time, the Judicial Council updates the forms landlords use when filing unlawful detainer actions. Effective January 1, 2012, the Answer form has changed and a new form now takes the place of a handmade attachment. The request to waive court fees has also changed. You can download the forms from the Judicial Council website:

Answer - Unlawful Detainer, UD-105

The following features have changed for 2012. Refer to the original instructions on pages 254 and following.

Names, top of the form. You now have the option of including your email address and fax number.

Item 2b1, listing and explaining which statements on the Complaint are false, and why. This is where you list any statement in the Complaint that you disagree with, and explain why. If you need additional space, use an attachment page, which is a new form, Attachment to Judicial Council Form, MC-025 (see instructions below).

Item 2b2, listing and explaining statements when you don’t have enough information to admit or deny them. Here is where you list statements that you can’t admit or deny, because you don’t have enough information. Again, if you need additional room, use an attachment page, form MC-025.

Item 3i, new affirmative defense. If you feel that your eviction is based on acts against yourself or a member of your household that constitute domestic violence, sexual assault, or stalking, check this box. Note that you must have a temporary restraining order, protective order, or police report that’s not more than 180 days old, naming you or your household member as the protected party or a victim of these crimes.

Item 3k, listing facts that support your affirmative defense. In this item, you must list the facts that support any affirmative defenses you’ve checked. Again, use form MC-025 if you need more space.

Items 4b, 4c, 5e, additional references to form MC-025. These items allow you to use form MC-025 as an attachment page if you need more space for your answers.

Attachment to Judicial Council Form, MC-025

This form is very simple. At the top, under Short Title, enter the name of the case, such as “Jones v. Smith.” Enter the case number, and number the attachment. Then use the body of the form to add the information needed.

If you need a second page, use another copy of the form, enter the above information, and give it the same attachment number, like this “1, continued.”  

At the bottom of the form, specify the number of pages for this attachment. If you have only one page, you’d say “Page 1 of 1.” If the attachment has, say, three pages, your entries would look like this: “Page 1 of 3,” “Page 2 of 3,” and “Page 3 of 3.”

Request to Waive Court Fees, FW-001

This form changes approximately every six months, to account for the ever-changing income criteria for mandatory fee waiver. The maximum gross monthly income levels, in Item 5, go up steadily.