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UD-104 Guidance: Unlawful Detainer - Declaration of COVID-Related Financial Distress (California)

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. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

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.

Tips for filling out form UD-104

When completing form UD-104, pay special attention to these less obvious sections:

Item 1

Translation Requirement

If you are attaching a non-English declaration provided by your landlord, make sure to include an English version as well. This could be a copy from your landlord or one you obtain elsewhere.
Item 2

Declaring Distress

The declaration must specifically relate to COVID-19-related financial distress. Ensure that this is clearly stated in the declaration you are attaching.
Item 3

Timing Consideration

Remember, you must file this form within five days after being served with the summons and legal papers. This is crucial to avoid an unfavorable decision.

What to do after filing form UD-104

1
Ensure you have a copy of the filed UD-104 form for your records and verify that all attached documents were submitted correctly.
2
Wait for the court to set a hearing date; this will determine if there was good cause for not delivering the declaration to the plaintiff in the required time period.
3
Monitor your mail or e-notification system for the court's notice regarding the time and place of the hearing, as the court will inform all parties involved.
4
Prepare for the hearing by gathering documentation or evidence to explain why the declaration was not delivered timely, such as communications with the landlord or any supporting circumstances.
5
Attend the hearing on the scheduled date. Be ready to present your case, including any mistaken, inadvertent, surprise, or excusable neglect that led to the delayed delivery of your declaration.
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