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Table of Contents

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.

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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-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.

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.
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