DISC-003/UD-106
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): UNLAWFUL DETAINER ASSISTANT
(Check one box): An unlawful detainer assistant
––––– did did not for compensation give advice or
––––– assistance with this form. ( If one did, state the following ):
––––– ASSISTANT'S NAME: –––––
ADDRESS: –––––
ATTORNEY FOR (Name): –––––
SUPERIOR COURT OF CALIFORNIA, COUNTY OF: ––––– –––––
––––– –––––
TEL. NO.: –––––
COUNTY OF REGISTRATION: –––––
SHORT TITLE: ––––– REGISTRATION NO.: –––––
EXPIRES (DATE): –––––
FORM INTERROGATORIES—UNLAWFUL DETAINER CASE NUMBER:
Asking Party: –––––
Answering Party: ––––– –––––
Set No.: –––––
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightfor-
ward as the information reasonably available to you per-
(a) These are general instructions. For time limitations, mits. If an interrogatory cannot be answered completely,
requirements for service on other parties, and other details, answer it to the extent possible.
see Code of Civil Procedure sections 2030.010-2030.410
and the cases construing those sections. (d) If you do not have enough personal knowledge to
fully answer an interrogatory, say so, but make a reasona-
(b) These interrogatories do not change existing law ble and good faith effort to get the information by asking
relating to interrogatories nor do they affect an answering other persons or organizations, unless the information is
party's right to assert any privilege or objection. equally available to the asking party.
(e) Whenever an interrogatory may be answered by refer-
Sec. 2. Instructions to the Asking Party ring to a document, the document may be attached as an
(a) These interrogatories are designed for optional use exhibit to the response and referred to in the response. If
in unlawful detainer proceedings. the document has more than one page, refer to the
page and section where the answer to the interrogatory
can be found.
(b) There are restrictions that generally limit the num- (f) Whenever an address and telephone number for the
ber of interrogatories that may be asked and the form and same person are requested in more than one interrogatory,
use of the interrogatories. For details, read Code of Civil you are required to furnish them in answering only the first
Procedure sections 2030.030–2030.070. interrogatory asking for that information.
(c) In determining whether to use these or any interroga- (g) Your answers to these interrogatories must be veri-
tories, you should be aware that abuse can be punished by fied, dated, and signed. You may wish to use the following
sanctions, including fines and attorney fees. See Code of form at the end of your answers:
Civil Procedure section 128.7.
(d) Check the box next to each interrogatory that you I declare under penalty of perjury under the laws of the
want the answering party to answer. Use care in choosing State of California that the foregoing answers are true
those interrogatories that are applicable to the case. and correct.
(e) Additional interrogatories may be attached.
––––– –––––
Sec. 3. Instructions to the Answering Party (DATE) (SIGNATURE)
(a) An answer or other appropriate response must be Sec. 4. Definitions
given to each interrogatory checked by the asking party.
Failure to respond to these interrogatories properly can be Words in BOLDFACE CAPITALS in these interrogatories
punished by sanctions, including contempt proceedings, are defined as follows:
fine, attorneys fees, and the loss of your case. See Code (a) PERSON includes a natural person, firm,
of Civil Procedure sections 128.7 and 2030.300. association, organization, partnership, business, trust,
(b) As a general rule, within five days after you are served corporation, or public entity.
with these interrogatories, you must serve your responses on (b) PLAINTIFF includes any PERSON who seeks recov-
the asking party and serve copies of your responses on all ery of the RENTAL UNIT whether acting as an individual or
other parties to the action who have appeared. See Code of on someone else's behalf and includes all such PERSONS
Civil Procedure sections 2030.260–2030.270 for details. if more than one. Page 1 of 7
Form Approved for Optional Use Code of Civil Procedure
Judicial Council of California §§ 2030.010-2030.410, 2033.710
DISC-003/UD-106 [Rev. January 1, 2007] electronic form ã 2005
WWW.LawCA.co
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Law PublishersFORM INTERROGATORIES–UNLAWFUL DETAINER
DISC-003/UD-106
(c) LANDLORD includes any PERSON who offered the 70.2 Is PLAINTIFF an owner of the RENTAL UNIT ? If
RENTAL UNIT for rent and any PERSON on whose behalf so, state:
the RENTAL UNIT was offered for rent and their successors (a) the nature and percentage of ownership interest;
in interest. LANDLORD includes all PERSONS who managed (b) the date PLAINTIFF first acquired this ownership
the PROPERTY while defendant was in possession. interest.
(d) RENTAL UNIT is the premises PLAINTIFF seeks 70.3 Does PLAINTIFF share ownership or lack owner-
to recover. ship? If so, state the name, the ADDRESS , and the
(e) PROPERTY is the building or parcel (including com- nature and percentage of ownership interest of each
mon areas) of which the RENTAL UNIT is a part. (For owner.
example, if PLAINTIFF is seeking to recover possession of
apartment number 12 of a 20-unit building, the building is 70.4 Does PLAINTIFF claim the right to possession
the PROPERTY and apartment 12 is the RENTAL UNIT . If other than as an owner of the RENTAL UNIT ? If so,
PLAINTIFF seeks possession of cottage number 3 in a five- state the basis of the claim.
cottage court or complex, the court or complex is the
PROPERTY and cottage 3 is the RENTAL UNIT .) 70.5 Has PLAINTIFF'S interest in the RENTAL UNIT
changed since acquisition? If so, state the nature and
(f) DOCUMENT means a writing, as defined in Evidence dates of each change.
Code section 250, and includes the original or a copy of
handwriting, typewriting, printing, photostating, photo-
70.6 Are there other rental units on the PROPERTY ?
graphing, electronically stored information, and every other If so, state how many.
means of recording upon any tangible thing and form of
communicating or representation, including letters, words, 70.7 During the 12 months before this proceeding
pictures, sounds, or symbols, or combinations of them. was filed, did PLAINTIFF possess a permit or
certificate of occupancy for the RENTAL UNIT ?
(g) NOTICE TO QUIT includes the original or copy of any If so, for each state:
notice mentioned in Code of Civil Procedure section 1161 (a) the name and ADDRESS of each PERSON named
or Civil Code section 1946, including a 3-day notice to pay on the permit or certificate;
rent and quit the RENTAL UNIT , a 3-day notice to perform (b) the dates of issuance and expiration;
conditions or covenants or quit, a 3-day notice to quit, and a (c) the permit or certificate number
30-day notice of termination.
70.8 Has a last month's rent, security deposit, clean-
(h) ADDRESS means the street address, including the ing fee, rental agency fee, credit check fee, key deposit,
city, state, and zip code. or any other deposit been paid on the RENTAL
UNIT ? If so, for each item state:
Sec. 5. Interrogatories (a) the purpose of the payment;
(b) the date paid;
The following interrogatories have been approved by the (c) the amount;
Judicial Council under section 2033.710 of the Code of Civil (d) the form of payment;
Procedure for use in unlawful detainer proceedings: (e) the name of the PERSON paying;
CONTENTS (f ) the name of the PERSON to whom it was paid;
(g) any DOCUMENT which evidences payment and the
70.0 General name, ADDRESS , and telephone number of each
71.0 Notice PERSON who has the DOCUMENT ;
72.0 Service (h) any adjustments or deductions including facts.
73.0 Malicious Holding Over
74.0 Rent Control and Eviction Control 70.9 State the date defendant first took possession of
75.0 Breach of Warranty to Provide Habitable the RENTAL UNIT .
Premises
76.0 Waiver, Change, Withdrawal, or Cancellation 70.10 State the date and all the terms of any rental
of Notice to Quit agreement between defendant and the PERSON who
77.0 Retaliation and Arbitrary Discrimination rented to defendant.
78.0 Nonperformance of the Rental Agreement
by Landlord 70.1 For each agreement alleged in the pleadings:
79.0 Offer of Rent by Defendant (a) identify all DOCUMENTS that are part of the agree-
80.0 Deduction from Rent for Necessary Repairs ment and for each state the name, ADDRESS , and
81.0 Fair Market Rental Value telephone number of each PERSON who has the
DOCUMENT;
70.0 General (b) state each part of the agreement not in writing, the
name, ADDRESS, and telephone number of each
[Either party may ask any applicable question in this PERSON agreeing to that provision, and the
date
section.] that part of the agreement was made;
(c) identify all DOCUMENTS that evidence each part
70.1 State the name, ADDRESS , telephone number, of the agreement not in writing and for each state
and relationship to you of each PERSON who prepared the name, ADDRESS, and telephone number of
or assisted in the preparation of the responses to these each PERSON who has the DOCUMENT ;
interrogatories. (Do not identify anyone who simply (d) identify all DOCUMENTS that are part of each
typed or reproduced the responses.) modification to the agreement, and for each state
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the name, ADDRESS , and telephone number of each (b) state the names, ADDRESSES , and telephone
PERSON who has the DOCUMENT (see also §71.5) ; numbers of all PERSONS who have knowledge of
the
facts;
(e) state each modification not in writing, the date, and (c) identify all DOCUMENTS that support the facts and
the name, ADDRESS, and telephone number of the state the name, ADDRESS , and telephone number
PERSON agreeing to the modification, and the date of each PERSON who has each DOCUMENT .
the modification was made (see also §71.5).
(f) identify all DOCUMENTS that evidence each 71.3 List all rent payments and rent credits made or
modification of the agreement not in writing and for claimed by or on behalf of defendant beginning 12
each state the name, ADDRESS, and telephone months before the NOTICE TO QUIT was served. For
number of each PERSON who has the DOCUMENT each payment or credit state:
(see also §71.5). (a) the amount;
(b) the date received;
70.12 Has any PERSON acting on the PLAINTIFF'S (c) the form in which any payment was made;
behalf been responsible for any aspect of managing or (d) the services performed or other basis for which a
maintaining the RENTAL UNIT or PROPERTY ? If so, for credit is claimed;
each PERSON state: (e) the period covered;
(a) the name, ADDRESS , and telephone number; (f) the name of each PERSON making the payment or
(b) the dates the PERSON managed or maintained earning the credit;
the RENTAL UNIT or PROPERTY ; (g) the identity of all DOCUMENTS evidencing the pay-
(c) the PERSON'S responsibilities. ment or credit and for each state the name,
ADDRESS , and telephone number of each PERSON
70.13 For each PERSON who occupies any part of the who has the DOCUMENT .
RENTAL UNIT (except occupants named in the com-
plaint and occupants' children under 17) state: 71.4 Did defendant ever fail to pay the rent on time?
(a) the name, ADDRESS , telephone number, and If so, for each late payment state:
birthdate; (a) the date;
(b) the inclusive dates of occupancy; (b) the amount of any late charge;
(c) a description of the portion of the RENTAL UNIT (c) the identity of all DOCUMENTS recording the pay-
occupied; ment and for each state the name, ADDRESS , and
(d) the amount paid, the term for which it was paid, telephone number of each PERSON who has the
and the person to whom it was paid; DOCUMENT .
(e) the nature of the use of the RENTAL UNIT ;
(f) the name, ADDRESS , and telephone number of the 71.5 Since the beginning of defendant's tenancy, has
person who authorized occupancy; PLAINTIFF ever raised the rent? If so, for each rent in-
(g) how occupancy was authorized, including failure of crease state:
the LANDLORD or PLAINTIFF to protest after (a) the date the increase became effective;
discovering the occupancy. (b) the amount;
(c) the reasons for the rent increase;
70.14 Have you or anyone acting on your behalf ob- (d) how and when defendant was notified of the
tained any DOCUMENT concerning the tenancy bet- increase;
ween any occupant of the RENTAL UNIT and any PER- (e) the identity of all DOCUMENTS evidencing the in-
SON with an ownership interest or managerial respon- crease and for each state the name, ADDRESS , and
sibility for the RENTAL UNIT ? If so, for each DOCU- telephone number of each PERSON who has the
MENT state: DOCUMENT .
(a) the name, ADDRESS , and telephone number of [See also section 70.11 (d) - (f) . ]
each individual from whom the DOCUMENT was
obtained; 71.6 During the 12 months before the NOTICE TO QUIT
(b) the name, ADDRESS , and telephone number of was served was there a period during which there was
each individual who obtained the DOCUMENT ; no permit or certificate of occupancy for the RENTAL
(c) the date the DOCUMENT was obtained; UNIT ? If so, for each period state:
(d) the name, ADDRESS , and telephone number of (a) the inclusive dates;
each PERSON who has the DOCUMENT (original (b) the reasons.
or copy).
71.0 Notice 71.7 Has any PERSON ever reported any nuisance or
disturbance at or destruction of the RENTAL UNIT or
[If a defense is based on allegations that the 3-day notice PROPERTY caused by defendant or other occupant of
or 30- day NOTICE TO QUIT is defective in form or con- the RENTAL UNIT or their guests? If so, for each report
tent, then either party may ask any applicable question in state;
this section.] (a) a description of the disturbance or destruction;
(b) the date of the report;
71.1 Was the NOTICE TO QUIT on which PLAINTIFF (c) the name of the PERSON who reported;
bases this proceeding attached to the complaint? If not, (d) the name of the PERSON to whom the report was
state the contents of this notice. made;
(e) what action was taken as a result of the report;
71.2 State all reasons that the NOTICE TO QUIT was (f) the identity of all DOCUMENTS evidencing the
served and for each reason: report and for each state the name, ADDRESS , and
(a) state all facts supporting PLAINTIFF'S decision to telephone number of each PERSON who has each
terminate defendant's tenancy; DOCUMENT .
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71.8 Does the complaint allege violation of a term of 73.0 Malicious Holding Over
a rental agreement or lease (other than nonpayment [If a defendant denies allegations that defendant's con-
of rent)? If so, for each covenant: tinued possession is malicious, then either party may ask
(a) identify the covenant breached; any applicable question in this section. Additional questions
(b) state the facts supporting the allegation of a breach; in section 75.0 may also be applicable.]
(c) state the names, ADDRESSES, and telephone
numbers of all PERSONS who have knowledge of 73.1 If any rent called for by the rental agreement is
the facts; unpaid, state the reasons and the facts upon which the
(d) identify all DOCUMENTS that support the facts and reasons are based.
state the name, ADDRESS, and telephone number
of each PERSON who has each DOCUMENT. 73.2 Has defendant made attempts to secure other
premises since the service of the NOTICE TO QUIT
or
71.9 Does the complaint allege that the defendant has since the service of the summons and complaint? If so,
been using the RENTAL UNIT for an illegal purpose? If for each attempt:
so, for each purpose: (a) state all facts indicating the attempt to secure other
(a) identify the illegal purpose; premises;
(b) state the facts supporting the allegations of illegal (b) state the names, ADDRESSES , and telephone
use; numbers of all PERSONS who have knowledge
of the facts;
(c) state the names, ADDRESSES, and telephone
numbers of all PERSONS who have knowledge of (c) identify all DOCUMENTS that support the facts and
the facts; state the name, ADDRESS , and telephone
number of each PERSON who has each
DOCUMENT .
(d) identify all DOCUMENTS that support the facts and
state the name, ADDRESS, and telephone number 73.3 State the facts upon which PLAINTIFF bases the
of each PERSON who has each DOCUMENT. allegation of malice.
[Additional interrogatories on this subject may be found 74.0 Rent Control and Eviction Control
in sections 75.0, 78.0, 79.0, and 80.0.] 74.1 Is there an ordinance or other local law in this
jurisdiction which limits the right to evict tenants? If
your answer is no, you need not answer sections 74.2
72.0 Service through 74.6.
[If a defense is based on allegations that the NOTICE TO 74.2 For the ordinance or other local law limiting the
QUIT was defectively served, then either party may ask right to evict tenants, state:
any applicable question in this section.] (a) the title or number of the law;
(b) the
locality.
72.1 Does defendant contend (or base a defense or 74.3 Do you contend that the RENTAL UNIT is exempt
make any allegations) that the NOTICE TO QUIT was from the eviction provisions of the ordinance or other
defectively served? If the answer is "no", do not answer local law identified in section 74.2? If so, state the facts
interrogatories 72.2 through 72.3. upon which you base your contention.
74.4 Is this proceeding based on allegations of a need
72.2 Does PLAINTIFF contend that the NOTICE TO to recover the RENTAL UNIT for use of the LANDLORD
QUIT referred to in the complaint was served? If so, or the landlord's relative? If so, for each intended occu-
state:
(a) the kind of notice; pant state:
(b) the date and time of service; (a) the name;
(b) the residence ADDRESSES from three years ago to
(c) the manner of service; the present;
(d) the name and ADDRESS of the person who served (c) the relationship to the LANDLORD ;
it:
(e) a description of any DOCUMENT or conversation (d) all the intended occupant's reasons for occupancy;
between defendant and the person who served the (e) all rental units on the PROPERTY that were vacated
notice. within 60 days before and after the date the
NOTICE TO QUIT was served.
72.3 Did any person receive the NOTICE TO QUIT 74.5 Is the proceeding based on an allegation that the
referred to in the complaint? If so, for each copy of each LANDLORD wishes to remove the RENTAL UNIT from
notice state: residential use temporarily or permanently (for exam-
(a) the name of the person who received it; ple, to rehabilitate, demolish, renovate, or convert)? If
(b) the kind of notice; so, state:
(c) how it was delivered; (a) each reason for removing the RENTAL UNIT from
(d) the date received; residential use;
(e) where it was delivered; (b) what physical changes and renovation will be made
(f) the identity of all DOCUMENTS evidencing the to the RENTAL UNIT ;
notice and for each state the name, ADDRESS , and (c) the date the work is to begin and end;
telephone number of each PERSON who has the (d) the number, date, and type of each permit for the
DOCUMENT . change or work;
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(e) the identity of each DOCUMENT evidencing the in- (g) the response made to the notice;
tended activity (for example, blueprints, plans, ap- (h) the efforts made to correct the conditions;
plications for financing, construction contracts) and ( i) whether the PERSON who gave notice was an oc-
the name, ADDRESS , and telephone number of cupant of the PROPERTY at the time of the
each PERSON who has each DOCUMENT . complaint.
74.6 Is the proceeding based on any ground other than 75.4 During the period beginning 36 months before the
those stated in sections 74.4 and 74.5? If so, for each: NOTICE TO QUIT was served to the present, was the
(a) state each fact supporting or opposing the ground; RENTAL UNIT or PROPERTY (including other rental
(b) state the names, ADDRESSES , and telephone units) inspected for dilapidations or defective conditions
numbers of all PERSONS who have knowledge of by a representative of any governmental agency? If so,
the facts; for each inspection state:
(c) identify all DOCUMENTS evidencing the facts and (a) the date;
state the name, ADDRESS , and telephone number (b) the reason;
of each PERSON who has each DOCUMENT . (c) the name of the governmental agency;
(d) the name, ADDRESS , and telephone number of
75.0 Breach of Warranty to Provide Habitable Premises each inspector;
(e) the identity of each DOCUMENT evidencing each
[If plaintiff alleges nonpayment of rent and defendant bases inspection and the name, ADDRESS , and telephone
his defense on allegations of implied or express breach of number of each PERSON who has it.
warranty to provide habitable residential premises, then
either party may ask any applicable question in this section.] 75.5 During the period beginning 36 months before the
NOTICE TO QUIT was served to the present, did
75.1 Do you know of any conditions in violation of state or PLAINTIFF or LANDLORD receive a notice or other com-
local building codes, housing codes, or health codes, munication regarding the condition of the RENTAL UNIT
conditions of dilapidation, or other conditions in need or PROPERTY (including other rental units) from a
of repair in the RENTAL UNIT or on the PROPERTY that governmental agency? If so, for each notice or com-
affected the RENTAL UNIT at any time defendant has munication state:
been in possession? If so, state: (a) the date received;
(a) the type of condition; (b) the identity of all parties;
(b) the kind of corrections or repairs needed; (c) the substance of the notice or communication;
(c) how and when you learned of these conditions; (d) the identity of each DOCUMENT evidencing the
(d) how these conditions were caused; notice or communication and the name, ADDRESS ,
(e) the name, ADDRESS , and telephone number of and telephone number of each PERSON who has it.
each PERSON who has caused these conditions.
75.6 Was there any corrective action taken in response
75.2 Have any corrections, repairs, or improvements to the inspection or notice or communication identified
been made to the RENTAL UNIT since the RENTAL in sections 75.4 and 75.5? If so, for each:
UNIT was rented to defendant? If so, for each correc- (a) identify the notice or communication;
tion, repair, or improvement state: (b) identify the condition;
(a) a description giving the nature and location; (c) describe the corrective action;
(b) the date; (d) identify each DOCUMENT evidencing the correc-
(c) the name, ADDRESS , and telephone number of tive action and the name, ADDRESS , and telephone
each PERSON who made the repairs or number of each PERSON who has it.
improvements;
(d) the cost; 75.7 Has the PROPERTY been appraised for sale or
(e) the identity of any DOCUMENT evidencing the loan during the period beginning 36 months before the
repairs or improvements; NOTICE TO QUIT was served to the present? If so, for
(f) if a building permit was issued, state the issuing each appraisal state:
agencies and the permit number of your copy. (a) the date;
(b) the name, ADDRESS , and telephone number of the
75.3 Did defendant or any other PERSON during 36 appraiser;
months before the NOTICE TO QUIT was served or dur- (c) the purpose of the appraisal;
ing defendant's possession of the RENTAL UNIT notify (d) the identity of each DOCUMENT evidencing the ap-
the LANDLORD or his agent or employee about the con- praisal and the name, ADDRESS, and telephone
dition of the RENTAL UNIT or PROPERTY ? If so, for number of each PERSON who has it.
each written or oral notice state:
(a) the substance; 75.8 Was any condition requiring repair or correction
(b) who made it; at the PROPERTY or RENTAL UNIT caused by defen-
(c) when and how it was made; dent or other occupant of the RENTAL UNIT or
their guests? If so, state:
(d) the name and ADDRESS of each PERSON to whom (a) the type and location of condition;
it was made; (b) the kind of corrections or repairs needed;
(e) the name and ADDRESS of each person who (c) how and when you learned of these conditions;
knows about it; (d) how and when these conditions were caused;
(f) the identity of each DOCUMENT evidencing the (e) the name, ADDRESS , and telephone number of
notice and the name, ADDRESS , and telephone each PERSON who caused these conditions;
number of each PERSON who has it;
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(f) the identity of each DOCUMENT evidencing the (b) when it was made;
repair (or correction) and the name, ADDRESS , and (c) whether it was written or oral;
telephone number of each PERSON who has it. (d) by whom and to whom;
[ See also section 71.0 for additional questions.] (e) the name and ADDRESS of each person who
knows about it;
(f) whether all promised repairs, alterations, or im-
76.0 Waiver, Change, Withdrawal, or Cancellation of provements were completed or services provided;
Notice to Quit (g) the reasons for any failure to perform;
[If a defense is based on waiver, change, withdrawal, or (h) the identity of each DOCUMENT evidencing the
cancellation of the NOTICE TO QUIT , then either party may agreement or promise and the name, ADDRESS ,
ask any applicable question in this section.] and telephone number of each PERSON who has it.
76.1 Did the PLAINTIFF or LANDLORD or anyone act- 78.2 Has PLAINTIFF or LANDLORD or any resident
of the PROPERTY ever committed disturbances or in-
ing on his or her behalf do anything which is alleged to terfered with the quiet enjoyment of the RENTAL UNIT
have been a waiver, change, withdrawal, or cancellation (including, for example, noise, acts which threaten the
of the NOTICE TO QUIT ? If so: loss of title to the property or loss of financing, etc.)?
(a) state the facts supporting this allegation; If so, for each disturbance or interference, state:
(b) state the names, ADDRESSES , and telephone (a) a description of each act;
numbers of all PERSONS who have knowledge of (b) the date of each act;
these facts; (c) the name, ADDRESS, and telephone number of
(c) identify each DOCUMENT that supports the facts each PERSON who acted;
and state the name, ADDRESS , and telephone (d) the name, ADDRESS, and telephone number of
number of each PERSON who has it. each PERSON who witnessed each act and any
76.2 Did the PLAINTIFF or LANDLORD accept rent DOCUMENTS evidencing the person's knowledge;
which covered a period after the date for vacating the (e) what action was taken by the PLAINTIFF or
RENTAL UNIT as specified in the NOTICE TO QUIT ? If LANDLORD to end or lessen the disturbance or
so: interference.
(a) state the facts;
(b) state the names, ADDRESSES, and telephone 79.0 Offer of Rent by Defendant
numbers of all PERSONS who have knowledge of
the facts; [If a defense is based on an offer of rent by a defendant
(c) identify each DOCUMENT that supports the facts which was refused, then either party may ask any ap-
and state the name, ADDRESS , and telephone plicable question in this section.]
number of each PERSON who has it.
79.1 Has defendant or anyone acting on the defen-
77.0 Retaliation and Arbitrary Discrimination dant's behalf offered any payments to PLAINTIFF which
PLAINTIFF refused to accept? If so, for each offer state:
[If a defense is based on retaliation or arbitrary discrimina- (a) the amount;
tion, then either party may ask any applicable question in (b) the date;
this section.] (c) purpose of offer;
77.1 State all reasons that the NOTICE TO QUIT was (d) the manner of the offer;
served or that defendant's tenancy was not renewed (e) the identity of the person making the offer;
and for each reason: (f ) the identity of the person refusing the offer;
(a) state all facts supporting PLAINTIFF'S decision to (g) the date of the refusal;
terminate or not renew defendant's tenancy; (h) the reasons for the refusal.
(b) state the names, ADDRESSES , and telephone
numbers of all PERSONS who have knowledge of 80.0 Deduction from Rent for Necessary Repairs
the facts;
(c) identify all DOCUMENTS that support the facts and [If a defense to payment of rent or damages is based on
state the name, ADDRESS , and telephone number claim of retaliatory eviction, then either party may ask any
of each each PERSON who has it. applicable question in this section. Additional questions
in section 75.0 may also be applicable.]
78.0 Nonperformance of the Rental Agreement by
Landlord 80.1 Does defendant claim to have deducted from
rent any amount which was withheld to make
repairs after
[If a defense is based on nonperformance of the rental communication to the LANDLORD of the need for the
agreement by the LANDLORD or someone acting on the
LANDLORD'S behalf, then either puffy may ask any ap - repairs? If the answer is "no", do not answer inter-
plicable question in this section.] rogatories 80.2 through 80.6.
80.2 For each condition in need of repair for which a
78.1 Did the LANDLORD or anyone acting on the deduction was made, state:
LANDLORD'S behalf agree to make repairs, alterations, (a) the nature of the condition;
or improvements at any time or provide services to the (b) the location;
PROPERTY or RENTAL UNIT ? If so, for each agreement (c) the date the condition was discovered by defendant;
state: (d) the date the condition was first known by
(a) the substance of the agreement; LANDLORD or PLAINTIFF ;
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DISC-003/UD-106
(e) the dates and methods of each notice to the 81.0 Fair Market Rental Value
LANDLORD or PLAINTIFF of the condition; [If defendant denies PLAINTIFF allegation on the fair market
(f) the response or action taken by the LANDLORD or rental value of the RENTAL UNIT , then either party may ask
PLAINTIFF to each notification; any applicable question in this section. If defendant claims
(g) the cost to remedy the condition and how the cost that the fair market rental value is less because of a breach
was determined; of warranty to provide habitable premises, then either par-
(h) the identity of any bids obtained for the repairs and ty may also ask any applicable question in section 75. 0.]
any DOCUMENTS evidencing the bids.
81.1 Do you have an opinion on the fair market rental
80.3 Did LANDLORD or PLAINTIFF fail to respond value of the RENTAL UNIT ? If so, state:
within a reasonable time after receiving a communica- (a) the substance of your opinion;
tion of a need for repair? If so, for each communication (b) the factors upon which the fair market rental value
state: is based;
(a) the date it was made; (c) the method used to calculate the fair market rental
(b) how it was made; value.
(c) the response and date;
(d) why the delay was unreasonable. 81.2 Has any other PERSON ever expressed to you an
opinion on the fair market rental value of the RENTAL
80.4 Was there an insufficient period specified or ac- UNIT ? If so, for each PERSON :
tually allowed between the time of notification and the (a) state the name, ADDRESS , and telephone number;
time repairs were begun by defendant to allow (b) state the substance of the PERSON'S opinion;
LANDLORD or PLAINTIFF to make the repairs? If so, (c) describe the conversation or identify all
state all facts on which the claim of insufficiency is DOCUMENTS in which the PERSON expressed an
based. opinion and state the name, ADDRESS , and
telephone number of each PERSON who has
each DOCUMENT .
80.5 Does PLAINTIFF contend that any of the items
for which rent deductions were taken were not 81.3 Do you know of any current violations of state or
allowable under law? If so, for each item state all reasons local building codes, housing codes, or health codes,
and facts on which you base your contention. conditions of delapidation or other conditions in need
of repair in the RENTAL UNIT or common areas that
have
80.6 Has defendant vacated or does defendant an- affected the RENTAL UNIT at any time defendant has
ticipate vacating the RENTAL UNIT because repairs been in possession? If so, state:
were requested and not made within a reasonable time? (a) the conditions in need of repair;
If so, state all facts on which defendant justifies hav- (b) the kind of repairs needed;
ing vacated the RENTAL UNIT or anticipates vacating (c) the name, ADDRESS, and telephone number of
the rental unit. each PERSON who caused these conditions.
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