UD-116 Guidance: Unlawful Detainer - Declaration for Default Judgment | Gavel
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Table of Contents
When you need itHow to file itFilling it outWhat to do after filling itRelated form
UD-116 Guidance: Unlawful Detainer - Declaration for Default Judgment (California)
The UD-116 form should be used when a landlord seeks a default judgment in an unlawful detainer (eviction) case, after the tenant has failed to respond or appear in court,. This is to request the court's final judgment based on the landlord's statements. Jump to guide on filling it out.
Build UD-116 PDF generator Official UD-116 PDF Download (ca.gov)
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When You Need ItHow To File ItFilling It OutWhat To Do After Filling ItRelated Form
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Reviewed By
Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
When you need form UD-116
The UD-116 Unlawful Detainer - Declaration for Default Judgment form is essential in the eviction process, specifically when a landlord is seeking a court-ordered judgment against a tenant who has failed to respond to an eviction lawsuit. This form is used when the landlord initiates an unlawful detainer action, and the tenant has not answered the complaint within the designated time frame, leading to a default.
- Triggering Event: The tenant's failure to respond to the eviction notice, such as a 3-day notice to pay rent or quit, within the allotted time.
- Before Filing UD-116: The landlord must have filed an unlawful detainer complaint using forms like the UD-100 Complaint or UD-105 Answer (if it was anticipated that the tenant might respond and did not).
- Process Necessity: If the tenant does not respond, a landlord may use UD-116 to request a default judgment, which may include possession of the property, past-due rent, and potential damages.
In summary, the UD-116 is a critical step in the legal eviction process for obtaining a court judgment against a defaulting tenant. It follows preliminary actions such as serving required notices and filing an initial complaint, ensuring landlords can lawfully regain possession of their property.
How to file form UD-116
- Identify the Appropriate Court: Determine which Superior Court in California has jurisdiction over the unlawful detainer case based on the location of the property.
- Prepare the Documentation: Fill out the UD-116 form with accurate details and ensure all necessary exhibits such as the rental agreement and notices are attached.
- File with the Court Clerk: Submit the form and accompanying documents to the court clerk where your original complaint was filed.
- Pay Filing Fees: Be prepared to pay any applicable court fees at the time of filing or submit a fee waiver request if eligible.
- Await Judgment: After filing, the court will review the documentation and issue a default judgment if all requirements are met, granting the requested relief.
Tips for filling out form UD-116
When completing form UD-116, pay special attention to these less obvious sections:
Item 12d
Holdover Calculation
Accurate calculation of holdover damages is crucial. Confirm the daily rental value and multiply it by the correct number of days the tenant stayed past the lease term. This must align with your claims in the complaint to avoid discrepancies.
Item 13
Attorney Fees
The lease or rental agreement must explicitly allow for attorney fees. If it does, specify the paragraph number. Be prepared to justify the amount sought with a clear breakdown of hours worked and the hourly rate.
Item 3
Personal Knowledge
Ensure you have direct knowledge of the facts you are declaring. This means you should be fully familiar with the details of the rental agreement, the defendant's payment record, and the condition of the property. If you are not directly involved in these matters, consider obtaining affidavits or declarations from individuals who are.
Item 5a
Rent Changes
Multiple rent changes can complicate calculations, so make sure to provide a clear history of all changes and their effective dates. Use form MC-025 to elaborate on this history if necessary. This helps the court understand the context of any rent due.
Item 6c
Aligning Rent Demands
If the rent demanded differs from the agreed rent in section 4a(2), explain why. Include any relevant dates covered by notices and detail any partial payments received to justify the balance you are claiming.
Item 7a
Serving Notice
Choose the method of service carefully. Personal service is the most direct and leaves fewer grounds for disputing notice delivery. If using substituted service or posting, ensure compliance with the specific legal requirements for these methods.
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What to do after filing form UD-116
1
Confirm Filing: Ensure that the UD-116 form and all necessary exhibits have been correctly filed with the court. Check if you received a confirmation or stamped copy from the court clerk.
2
Serve Defendant: Confirm that the defendant has been properly served with the requisite documents, including the summons and complaint, if this has not already been completed. Ensure proof of service is documented.
3
Await Court Response: Wait for the court to process your Declaration for Default Judgment. This may take some time depending on the court's backlog.
4
Check for Hearing Notice: Be on the lookout for any notices from the court regarding a hearing date. The court might schedule a hearing to review the details of the default judgment request.
5
Prepare for Potential Hearing: If a hearing is scheduled, prepare to present the case for default judgment. Gather all relevant documents and evidence, such as proof of service and any unpaid rent documentation, to support your claim.
Related Forms
UD-100: Unlawful Detainer
The UD-100 Unlawful Detainer form is used by landlords in California to initiate an eviction process when a tenant has failed to comply with the terms of the rental agreement, such as not paying rent or otherwise violating lease conditions.
UD-101: Unlawful Detainer - Plaintiff Cover Sheet
Use the UD-101 form when initiating an unlawful detainer (eviction) lawsuit in California to make the necessary allegations and to comply with mandatory filing requirements in cases involving nonpayment of rent.
UD-104: Unlawful Detainer - Declaration of COVID-Related Financial Distress
Use this form when a tenant is facing an unlawful detainer action in California due to unpaid rent, and needs to file a declaration of COVID-19-related financial distress after the initial 15-day notice period has passed.
UD-105: Answer To Unlawful Detainer
The UD-105 Answer to Unlawful Detainer form is used by tenants in California to formally respond to an eviction lawsuit filed by their landlord, providing specific denials, defenses, or objections to the claims made in the complaint.
UD-110: Unlawful Detainer Judgment
The UD-110 Unlawful Detainer Judgment form is used in California when a landlord seeks a formal court judgment to evict a tenant after the tenant has failed to respond to an eviction lawsuit, or after a court trial where the tenant was found in default of the lease.
UD-120: Unlawful Detainer - Rental Assistance Verification
A landlord should use the UD-120 form when seeking a default judgment in an unlawful detainer (eviction) action for residential property due to nonpayment of rent. This ensures verification that no rental assistance has been received or is pending in regards to the amount owed to landlord.
UD-110H: Unlawful Detainer Judgment - Habitable Premises
The UD-110H Unlawful Detainer Judgment - Habitable Premises form is used in California in the eviction process when a tenant's rental property is deemed uninhabitable and a judgment is made regarding reduction of rent and/or repairs.
UD-115: Stipulation for Entry of Judgment
The UD-115 form, Stipulation for Entry of Judgment, is used in California eviction cases when the landlord and tenant have reached an agreement regarding possession of the premises, rental payments, and other related matters, allowing for the judgment to be entered without further court proceedings.
UD-125: Unlawful Detainer - Application to Prevent Forfeiture Due to COVID Rental Debt
A defendant will use this form in an unlawful detainer (eviction) case seeking to prevent eviction due to COVID-19 rental debt, if the defendant has been approved for emergency rental assistance covering this debt.
UD-150: Unlawful Detainer - Request to Set Case for Trial
Use the UD-150 Unlawful Detainer - Request to Set Case for Trial form when a party needs to formally request or counter-request the scheduling of a trial date in an eviction case. This ensures all parties have been properly notified and procedural requirements are met.
UD-106: Unlawful Detainer - Form Interrogatories
The UD-106 Unlawful Detainer - Form Interrogatories form is used in California during eviction proceedings to gather detailed information from the opposing party about the rental unit, the tenancy, and any defenses or counterclaims related to the possession of the property.
UD-110P: Unlawful Detainer Judgment - Partial Eviction
The UD-110P Unlawful Detainer Judgment - Partial Eviction form is used in California when a court is addressing an eviction case involving claims of abuse or domestic violence, and determining which tenants can remain in the property.
UD-155: Unlawful Detainer - Eviction Case
The UD-155 form is used in California when parties in an eviction case (also known as an unlawful detainer) agree to settle the dispute before going to trial. The parties use this form to outline the terms of the agreement, which may include conditions for eviction or continued tenancy.
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