UD-116 Guidance: Unlawful Detainer - Declaration for Default Judgment (California)

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.