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Defenses you can use in an eviction case

If you want to respond to an eviction case by filing an Answer (form UD-105), you need to explain why you should not be evicted. These reasons are called defenses. You can have more than one defense.

This page explains the most common defenses in eviction cases. It doesn’t list every possible defense. For legal advice about your situation, talk to a lawyer or visit your court’s self-help center.

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What to know before choosing a defense
Are you protected by the Tenant Protection Act?
Do local rent or eviction laws protect you?
Did you do what your landlord asked or were told you didn’t need to?
Do you think your landlord is retaliating or discriminating?
Did someone else try to pay your rent?
Did your landlord misuse rent payments during COVID-19?
Are you being evicted because of violence or abuse?
Has your landlord failed to maintain your home?
Does the notice your landlord gave you follow the law?
Is your landlord evicting you for rent that’s over a year old?

What to know before choosing a defense

To have the court consider your defenses, you must list them in your Answer. Form UD-105 includes checkboxes for common defenses. You can also attach a separate page (form MC-025) to explain more.

Check the defenses below to see if one applies to your situation. Each defense is based on specific laws and rules, so you may need to do more research or get legal help to understand if it fits your case. Your local law library or court self-help center may be able to help you do more research.

Are you protected by the Tenant Protection Act?

How do you know if the Tenant Protection Act applies to you?

The Tenant Protection Act (TPA) protects many renters in California, but not all. The TPA might not apply to you if:

You’re being evicted for a reason that’s your fault (like not paying rent, damaging the home, or committing a crime)
You’ve lived in the home for less than 12 months (or less than 24 months if there are multiple tenants)

You live in the same home as the owner
You live in certain types of housing, like:
- A duplex where the owner lives in the other unit
- A home built in the last 15 years
- Nonprofit or government housing
- A dorm or hospital
- Temporary housing
Your landlord plans to move in, remodel, or take the home off the rental market
The government ordered people to leave the home

If there are multiple tenants, the TPA may apply to you if

all tenants have lived in the home for at least 12 months, or
at least 1 tenant has lived in the home for at least 24 months

Can you use these TPA-related defenses?

If your landlord raised your rent more than the law allows and is trying to evict you based on that increase, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(4)
On the Attachment (form M C-025), write UD-105, item 3t and describe how the amount your landlord is charging you is more than you're required to pay

📚 Research this defense more:

See Civil Code section 1946.2 or 1947.12

If you’re protected by the TPA and your landlord didn’t give you a chance to fix a lease violation before giving you a 3-day notice to quit, that may be a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(2)
On the Attachment (form M C-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

📚 Research this defense more:

See Civil Code section 1946.2 or 1947.12

If the TPA protects you and your landlord wants you to move for a reason covered by the TPA, they must give you money to help you move. If they didn’t, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(3)
On the Attachment (form M C-025), write UD-105, item 3t and write down what the landlord told you when they tried to get you to move out.

📚 Research this defense more:

See Civil Code section 1946.2 or 1947.12

If your landlord raised the rent more than they're allowed to or didn’t give you enough notice before raising it, and then tried to evict you for not paying the higher amount, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(4)
On the Attachment (form M C-025), write UD-105, item 3t and describe how you know your landlord raised your rent, didn't give you enough notice about it, and then tried to evict you for not paying the increased amount.

📚 Research this defense more:

See Civil Code section 1947.12

If you think your landlord doesn’t have a legal reason to evict you under the TPA, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3i and 3i(1)
On the Attachment (form M C-025), write UD-105, item 3t and explain why the landlord's reason for evicting you isn't a legal reason.

📚 Research this defense more:

See Civil Code section 1946.2 or 1947.12

Do local rent or eviction laws protect you?

You may be protected if your home is:

Covered by city or county rent or eviction control laws
Part of a federal housing program
Rented using Section 8

If your landlord broke one of these laws, you may have 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 M C-025), write UD-105, item 3t and explain how your landlord broke the law.

If local rent or eviction laws don't fit your situation, scroll up to read about the Tenant Protection Act. It might give you a legal defense.

Did you do what your landlord asked or were told you didn’t need to?

If you tried to pay all the rent before the deadline and your landlord wouldn’t accept it, you may have a defense.

📌 If you tried to pay only part of the rent, your landlord doesn’t have to take it. They only have to accept the full amount.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3c and include the date you tried to pay.
On the Attachment (form M C-025), write UD-105, item 3t and explain that you tried to pay the rent, how you tried to pay your landlord (for example, in person, by email, or by phone) and what the landlord did when you tried.

If your landlord takes part or all of the rent after the deadline on the Notice to Pay Rent or Quit, the notice no longer counts. Your rental agreement continues.

Your landlord would have to give you a new Notice if there’s still rent due. If you paid everything you owe, they can’t evict you unless you fall behind again, and they give you a new Notice.

In this case, check box 3e instead of 3c on the Answer because your landlord gave up the right to use the original notice.

📚 Research this defense more:

See Civil Code section 194 5

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 M C-025), write UD-105, item 3t then explain what the landlord told you that made you think you had more time to pay or that you didn't have to move out.

If your landlord took money—or made you think they were taking money—for rent that was due after the Notice expired, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3j
On the Attachment (form M C-025), write UD-105, item 3t, then explain
- How much you paid
- When you paid it
- That the payment was for rent after the deadline in the Notice

📌 If your landlord accepts part or all of the rent after the deadline in the Notice to Pay Rent or Quit, the Notice no longer counts. Your rental agreement keeps going.

Your landlord would have to give you a new Notice with the new amount of rent due—if any. If you paid everything, they can’t evict you unless you fall behind again and they give you a new Notice.

✅ If this happens, check box 3e instead of 3j, because your landlord gave up the right to use the old Notice.

📚 Research this defense more:

See Civil Code section 194 5

Is your landlord getting back at you or treating you unfairly?

If you think your landlord is trying to evict you because you reported a problem—like a code violation or a health and safety issue—you may have a defense.

This can also apply if you told your landlord about serious problems like bed bugs or other repairs that were needed.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3f
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- What you reported or did
- When you reported it or did it
- Why you think your landlord is evicting you because of that

📚 Research this defense more:

See Civil Code section 1942.5(a)

If you or someone else called the police or emergency services (like an ambulance) to keep someone safe, and you think your landlord is trying to evict you because of that, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3l
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- Why you called for emergency help
- When it happened
- Why you think that's the reason your landlord is trying to evict you

📚Research this defense more:

See Civil Code section 194 6.8

If you think your landlord is evicting you because of your race, sex, religion, national origin, marital status, sexual orientation, number of children, job, physical or mental disability, or because you get public help like benefits, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3g
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- Why you think your landlord is treating you unfairly
- Other discriminatory things your landlord has done

📚Research this defense more:

See the Unruh Act

See the California Fair Employment and Housing Act (FEHA)

See the Americans with Disabilities Act (ADA)

If you have a disability and asked your landlord for a change to help you stay in your home (like more time to pay rent or a change to house rules), and they refused and are trying to evict you because of it, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3r
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- What accommodation you asked for
- What your landlord said or did
- Why you think the eviction is related to your disability

📚 Research this defense more:

See 2 California Code of Regulations 12176(c)

If another person or agency offered to pay your rent and your landlord refused to accept it, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3q
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- Who offered to pay your rent
- When they tried to pay
- What your landlord did or said in response

📚 Research this defense more:

See Civil Code section 1947.3

See Government Code section 12955

If your landlord used your security deposit or rent payment during the COVID-19 period in a way that violated the law, you may have a defense.

If your landlord used your security deposit without written permission:

On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3p and 3p(1)
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- That you were a tenant between March 1, 2020 and September 30, 2021
- That your landlord used your security deposit without written permission
- How you found out and why this was not allowed

If your landlord applied a rent payment to a different month:

On the Answer - Unlawful Detainer-Eviction (form UD-105), check boxes 3p and 3p(2)
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- That you were a tenant between March 1, 2020 and September 30, 2021
- What month the rent was for and how your landlord applied it to a different time
- That you did not give written permission to do this

📚 Research this defense more:

Code of Civil Procedure section 1179.04.5

If your landlord is trying to evict you because you or someone in your home experienced violence or abuse, you may have a defense. You must have proof, like a police report, restraining order, or a letter from a support person.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3k
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- Who was affected by the violence or abuse
- When and what happened
- Why you think that’s the reason your landlord is evicting you

📌 If the person who caused the violence lives in your home, the court may be able to evict just that person.

On the Answer, check box 3k(2) if this applies to you.

📚 Research this defense more:

See Code of Civil Procedure section 1161.3 and Code of Civil Procedure section 1174.27.

Your landlord hasn't taken care of the home you rent

If your landlord hasn’t fixed serious problems in your home—like no heat, water leaks, broken locks, or no hot water—you may have a defense. These problems must not be caused by you or your guests.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3a
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- What the problems are
- That they’re not caused by normal wear and tear or by you or your guests
- When and how you told your landlord
- If and how long it took them to fix it (or if they didn’t)

📚 Research this defense more:

See Civil Code sections 1941, 1941.1, 1941.2, 1941.3

See Code of Civil Procedure section 1174.2

If you made serious repairs because your landlord didn’t, and you subtracted the cost from your rent the right way, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3b
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- What the problem was and how you told your landlord
- That they didn’t fix it in time
- What you repaired and how much it cost
- That you subtracted the amount from your rent correctly

📚 Research this defense more:

See Civil Code section 1942

The eviction notice doesn’t follow the law

If the notice your landlord gave you wasn’t written the right way, wasn’t delivered correctly, or had the wrong amount of rent, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3s
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- What was wrong with the notice (for example, missing details or wrong rent amount)
- How it didn’t follow the law

📚 Research this defense more:

See Code of Civil Procedure section 1161

If your landlord is trying to evict you for rent that was due more than one year ago, you may have a defense.

On the Answer - Unlawful Detainer-Eviction (form UD-105), check box 3d
On the Attachment (form M C-025), write UD-105, item 3t, then explain:
- What months the unpaid rent was for
- That the rent is from more than one year ago

📚 Research this defense more:

See Code of Civil Procedure section 1161

Defenses you can use in an eviction case

What to know before choosing a defense

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