UD-110P Guidance: Unlawful Detainer Judgment - Partial Eviction (California)

When faced with a situation where partial eviction becomes necessary due to incidents of abuse or violence in a rental property, the UD-110P form plays a crucial role in the eviction process. This form is specifically used in cases of unlawful detainer where only part of the tenancy is being terminated, typically to remove a perpetrator of abuse while allowing the victim to continue residency. - Prior to using the UD-110P, a landlord must have already filed an Unlawful Detainer Complaint (Form UD-100), seeking legal recourse from the tenant's action that violated the rental agreement. - The tenant might have filed a response using Answer—Unlawful Detainer (Form UD-105) or claimed an affirmative defense under Code of Civil Procedure section 1161.3(d)(2), asserting the presence of abuse or violence. - The legal proceedings would have involved acquiring proper documentation, such as police reports or restraining orders, that substantiate the claims of abuse or violence. A decision to proceed with Form UD-110P typically emerges after the court has assessed the nature of the incidents and now must order the removal of the offending party, while safeguarding the rights of non-offending tenants to remain in the unit. The court's judgment will state the relief granted, often requiring changes like restricting access and adjusting tenant liabilities, making this form an essential tool in these specific legal circumstances.