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You are here: More Topics > Landlord/Tenant > Eviction Questions & Answers: A Guide for Tenants > How does the tenant respond to the unlawful detainer?
There are different ways to respond. Most tenants respond by filing an Answer (form UD-105). But, if the landlord made a mistake, there may be ways for the tenant to respond, like a Motion to Quash Service or a Demurrer.
A Motion to Quash Service is filed when the tenant says that the landlord did not serve the Summons and Complaint properly. If the tenant wins, the landlord has to re-serve the Summons and Complaint. If the landlord wins, the tenant will have to answer the Complaint.
A Demurrer is filed when the tenant says that the landlord didn't have enough in the notice or in the complaint to justify an eviction. Demurrers can delay the case by a few weeks, and if the tenant wins, the landlord may have to start the case all over. So it is very important for the landlord to fill out the notice and the complaint correctly.
The tenant should talk to a lawyer to make sure s/he files whatever response is best. If the tenant files either a Motion to Quash or a Demurrer, the landlord should talk to a lawyer because there are steps s/he needs to take to avoid delays, fix any problems, and continue with the case.
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Last modified: 03/17/2008
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