Use of Interrogation Forms in a California Unlawful Detainer (Eviction)
The subject of this article is the use of interrogation forms in an unlawful detainer (eviction) case in California.
The form interrogatories for eviction cases in California is the Judicial Council form UD-106, also known as DISC-003. This form is published by the Judicial Council of California for optional use.
This form is extremely helpful as it has 7 pages and check boxes that cover most of the situations that come up in an eviction case in California. They are especially useful for tenant advocates as they can get a lot of useful information in a minimum amount of time.
For a California tenant, the boxes to consider checking would be:
Boxes 70.1 and 70.14 in all cases;
Boxes 71.1 to 71.9 if you maintain that the three-day notice is defective in any way;
Box 72.2 if you claim that you did not receive the three-day notice;
Box 73.3 if the landlord alleges that you are maliciously withholding;
Boxes 74.1 to 74.6 ONLY if you rent in a city with rent control or eviction laws;
Boxes 75.1, 75.2. 75.4, 75.5. 75.6, 75.7, 75.8 if you allege that the lessor breached the guarantee of habitability of the property;
Box 76.2 if you are claiming that the landlord waived, changed, withdrew, or canceled the eviction notice;
boxes 77.1 if you allege that the landlord committed retaliation or arbitrary discrimination;
Boxes 78.1 and 78.2 if you maintain that the landlord did not comply with the terms of the rental agreement;
Box 79.0 if you claim that you offered to pay rent to the landlord before the three-day notice period expired;
Boxes 80.4 and 80.5 if claiming a rent deduction for necessary repairs to the unit, also known as the “repair and deduction” resource;
Box 81.1 and 81.3 if you claim that the fair market rental value alleged in the complaint is not correct due to habitability problems.
Form UD-106 can be downloaded in a fillable PDF format from the California Courts website located at http://www.courts.ca.gov/formnumber.htm
Depending on the particular situation, other boxes may also be checked. Once the form is completely filled out, a copy should be given to the landlord’s attorney, or to the landlord if they do not have an attorney. Proof of service must be included. In most cases, the form is not filed with the court. The other party will have 5 days to respond if the form is delivered in person and 10 days to respond if the form is delivered by mail.
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