Form UD-116 is the Declaration for Default Judgment by Court that a California landlord files to ask a judge to grant a default judgment in an unlawful detainer (eviction) case after the tenant fails to respond on time. You fill it out by entering case information at the top, sworn statements about service, damages, and attorney’s fees in the body, and signing it under penalty of perjury before filing it with the clerk along with the rest of your prove-up packet under California Code of Civil Procedure § 585(d).
The form looks short, but each line carries weight. One wrong box, one missing date, or one miscalculated per diem can bounce your judgment back to you, force you to refile, and add weeks of free occupancy for the tenant. According to the Judicial Council of California’s 2024 Court Statistics Report, unlawful detainer filings topped 166,000 statewide last year, and clerks reject a meaningful share of default packets for paperwork errors alone.
Here is what you will learn in this guide:
- 📋 The exact line-by-line meaning of every box, caption, and declaration on Form UD-116
- 💰 How to calculate past-due rent, holdover damages, costs, and attorney’s fees the right way
- ⚖️ Which California statutes and Rules of Court govern each entry, and what happens when you ignore them
- 🧑⚖️ Three real, named scenarios showing how landlords across California complete UD-116 in practice
- 🚫 The seven most common UD-116 mistakes that get default judgments denied, vacated, or appealed
What Form UD-116 Is and Why It Exists
Form UD-116 is an optional Judicial Council form created to help California landlords obtain a default judgment by court in residential and commercial unlawful detainer cases. The form bundles every sworn fact a judge needs into a single signed declaration. It replaces the patchwork of separate affidavits that landlords used to file before the form was standardized.
The form exists because Code of Civil Procedure § 1169 lets a landlord ask the court to enter a default judgment when a tenant fails to answer within the five-day response window. Without UD-116, the landlord would still need to prove every element of the case, but with separate documents that often arrive incomplete. The Judicial Council designed UD-116 to reduce clerk rejections and speed up possession.
The consequence of skipping UD-116 is real. Clerks in busy counties like Los Angeles, Alameda, and Santa Clara routinely reject default packets that lack a clean prove-up declaration. A common misconception is that UD-116 is mandatory in every county, but it is not. Local rules in counties such as San Francisco Superior Court and Los Angeles Superior Court strongly prefer it, yet a custom declaration that meets California Rules of Court 3.1800 is also accepted.
When UD-116 Is the Right Form
You use UD-116 when the tenant has been properly served, the five-day clock has run, the clerk has entered a default on Form CIV-100, and you want the judge—not a jury—to enter the money judgment along with possession. The form fits both nonpayment and breach cases, and it works whether you served by personal delivery, substitute service, or court-ordered posting under CCP § 415.45.
The form does not fit when the tenant has filed an answer, demurrer, or motion to quash. In those situations you move to trial under CCP § 1170.5 instead. Filing UD-116 anyway wastes filing time and signals to the judge that you do not understand the procedural posture.
A common misconception is that UD-116 alone produces a judgment. It does not. It is one piece of a packet that also includes Form UD-110, the Judgment—Unlawful Detainer, and often a Memorandum of Costs (MC-010). Skipping any one piece means the judge cannot sign anything.
How UD-116 Fits With Related Forms
UD-116 lives inside a family of unlawful detainer forms. The complaint is UD-100, the answer is UD-105, the request to enter default is CIV-100, the prove-up declaration is UD-116, the proposed judgment is UD-110, and the writ of possession is EJ-130. Each form has a specific job, and the order matters.
The consequence of mixing up the order is that the clerk will reject the packet. For example, if you file UD-116 before CIV-100 has been processed, there is no default on file yet, and the judge has nothing to act on. Treat the sequence as a chain: serve, wait, default, prove up, judgment, writ.
A real-world example: Maria Hernandez, a small landlord in Fresno, filed UD-116 the same day she filed CIV-100. The clerk processed CIV-100 the next morning, then rejected UD-116 because the file-stamp dates suggested the prove-up was premature. Maria refiled UD-116 a day later and avoided a second rejection.
Before You Touch UD-116: The Prerequisites
You cannot fill out UD-116 in a vacuum. Several procedural boxes must be checked first, and each one has its own statute and consequence. Skipping any prerequisite turns the form into wasted paper.
The first prerequisite is a valid notice. For nonpayment cases, CCP § 1161(2) requires a 3-day notice to pay rent or quit that demands only rent due within the prior 12 months. For no-fault terminations under the Tenant Protection Act of 2019, you need a 30-day or 60-day notice plus relocation assistance.
The consequence of a defective notice is fatal. The judge will deny the default and may dismiss the case under Levitz Furniture Co. v. Wingtip Communications, forcing you to start over with a new notice and a new complaint. A common misconception is that you can fix a bad notice in the prove-up. You cannot.
Service of Summons and Complaint
The summons and complaint must be served under CCP § 415.10 (personal), CCP § 415.20 (substitute), or CCP § 415.45 (post and mail by court order). The proof of service on Form POS-010 must be on file before you sign UD-116.
The five-day response period starts the day after personal service. Substitute service adds 10 days under CCP § 415.20(b). Posting service starts the clock 10 days after the last act of posting and mailing.
A real-world example: David Kim, a landlord in Oakland, used substitute service on a co-occupant on April 1, 2026. He waited five days and rushed to file UD-116 on April 7. The clerk rejected it because the response time under substitute service does not run until April 16, ten days after the mailing. David lost nine days because he misread the statute.
The Clerk’s Default Entry
You cannot file UD-116 until the clerk has entered the tenant’s default on Form CIV-100. The request for entry of default must check the boxes for both possession and money damages if you want both. The Servicemembers Civil Relief Act declaration on CIV-100 must also be completed, citing 50 U.S.C. § 3931.
The consequence of missing the SCRA declaration is that the judge cannot enter judgment against an active-duty servicemember. Use the DMDC Military Status Verification tool to check, and attach the printout to CIV-100. A common misconception is that civilian-looking tenants do not need an SCRA check. Every adult defendant needs one.
Filling Out UD-116 Line by Line
The form has a one-page caption section and a multi-page declaration body. Each item is numbered, and the numbering matches the order a judge reads the file. Work through it in the order printed on the form, not the order you find easiest.
The Caption Block
At the top left, enter the attorney or party name, State Bar number if any, address, phone, email, and the party they represent. If you are self-represented, write “In Pro Per” on the attorney line. The court name and branch go in the middle box, copied exactly from the court locator.
The plaintiff and defendant names must match the complaint exactly. If the complaint named “John Doe and Does 1-10,” the caption on UD-116 must also list “John Doe and Does 1-10.” A misspelled defendant name is a common reason clerks reject the form.
The case number goes in the right-hand box. Triple-check it. A wrong digit sends your form to the wrong file, and you may not learn about the rejection for weeks.
Item 1: Plaintiff Identification
Item 1 asks you to identify yourself as the plaintiff and confirm you are the landlord, owner, or agent. If you are an LLC, write the full registered name from your California Secretary of State filing. Agents must attach written authorization.
The consequence of misidentifying the plaintiff is that the judgment may be void for lack of standing under Kwok v. Bergren. Tenants can attack a void judgment years later. A common misconception is that “the property manager” can sue in their own name. They cannot, unless they hold title or an assignment.
Item 2: Property Address
Enter the full street address, unit number, city, county, and ZIP code of the rental property. The address must match the complaint and the notice. If the lease describes the unit as “Apt B” but the notice said “Unit 2,” explain the discrepancy in an attached declaration.
A real-world example: Priya Patel, a landlord in San Jose, listed the property as “123 Main St” on the notice and “123 Main Street, Apt 4” on the complaint. The judge denied her default until she filed a supplemental declaration confirming both descriptions referred to the same unit. The fix cost her two weeks.
Item 3: Type of Action and Notice
Check the box that matches your case: nonpayment of rent, breach of covenant, nuisance, or no-fault termination. Then enter the date the notice was served, the method of service, and the amount demanded if any. The date must match the proof of service of the notice.
The consequence of checking the wrong box is that the judge reads the file expecting one set of facts and finds another. That mismatch usually leads to denial. A common misconception is that you can check more than one box if multiple grounds applied. You can, but only if the complaint pleaded each ground.
Item 4: Daily Rental Value
Item 4 is where most landlords stumble. You must state the reasonable daily rental value, which is usually the monthly rent divided by 30, but it can be higher if market rent has risen. Courts follow CCP § 1174(b) for holdover damages.
For a $3,000 monthly rent, the daily value is $100. The judge multiplies that figure by the number of holdover days from the day after the notice expired through the day of judgment. The consequence of inflating the daily value without evidence is denial; the consequence of understating it is leaving money on the table.
A real-world example: Marcus Johnson, a landlord in Long Beach, claimed $200 per day on a $3,000-per-month lease. The judge cut it to $100 because Marcus offered no comparable-rent evidence. Marcus lost $3,000 in holdover damages on a 30-day holdover.
Item 5: Past-Due Rent
State the total past-due rent owed as of the date the notice was served, not the date you sign UD-116. The number must match the 3-day notice exactly. If the notice demanded $4,500, item 5 must say $4,500.
The consequence of demanding more than the notice is fatal under WDT-Winchester v. Nilsson. The judge will deny the default and may dismiss the case. A common misconception is that you can add late fees to past-due rent. You cannot, unless the lease defines them as additional rent and the notice itemized them.
Item 6: Holdover Damages
Multiply the daily rental value from item 4 by the number of days from the day after the notice expired through the entry of judgment. Show the math. If the notice expired April 5 and judgment enters May 19, that is 44 days at $100, or $4,400.
The consequence of inflating holdover days is denial. Judges count carefully. A common misconception is that holdover damages run from the day the rent was first late. They do not; they run from the day after the notice period ends.
Item 7: Attorney’s Fees
If the lease has an attorney’s fee clause, enter the fees you are claiming. Most courts cap default attorney’s fees at the local schedule, which typically ranges from $400 to $1,500 depending on the amount in controversy. Custom hourly fees require a separate motion under CRC 3.1702.
The consequence of claiming hourly fees without a motion is denial of fees, not the whole judgment. A common misconception is that statutory fees apply automatically. They do not; the lease must contain a fee clause, and self-represented landlords cannot recover attorney’s fees because they paid none.
Item 8: Costs
List filing fees, service fees, and other recoverable costs under CCP § 1033.5. Most landlords also file a separate Memorandum of Costs (MC-010), but UD-116 lets you summarize them.
The consequence of claiming non-recoverable costs—such as travel time or postage—is that the clerk will strike them. A real-world example: Sofia Ramirez, a landlord in Sacramento, claimed $300 in “office expenses” on UD-116. The clerk struck the entry, and Sofia recovered only her $240 filing fee and $75 service fee.
Item 9: Verification and Signature
Sign and date the form under penalty of perjury under the laws of California. The signature line invokes CCP § 2015.5. An unsigned UD-116 is a nullity.
The consequence of a false statement is criminal perjury and civil liability. A common misconception is that “under penalty of perjury” is boilerplate. It is not; tenants regularly use CCP § 473(d) motions to vacate judgments based on false declarations.
Three Common UD-116 Scenarios
Real cases turn on small facts. The three scenarios below show how UD-116 plays out in the most common eviction patterns across California.
Scenario 1: Nonpayment of Rent in Los Angeles
| Step in the Eviction | Effect on UD-116 Entry |
|---|---|
| 3-day notice served April 1, 2026 demanding $4,500 | Item 3 lists 4/1/2026; item 5 lists $4,500 |
| Personal service of summons April 8, 2026 | Item 3 confirms personal service date |
| Default entered April 15, 2026 | UD-116 may be filed any time after 4/15 |
| Daily rent value $50 on $1,500/month unit | Item 4 lists $50/day with monthly-rent math |
| Judgment expected May 20, 2026 | Item 6 shows 45 holdover days × $50 = $2,250 |
In this scenario, Marcus Johnson claims $4,500 past-due rent, $2,250 holdover damages, $1,000 attorney’s fees under the lease, and $315 costs, for a total money judgment of $8,065 plus possession. He attaches the lease, the 3-day notice, and the proof of service of the notice as exhibits.
Scenario 2: No-Fault Termination in San Francisco
| Step in the Eviction | Effect on UD-116 Entry |
|---|---|
| 60-day notice served February 15, 2026 | Item 3 lists 2/15/2026 and 60-day no-fault box |
| Relocation assistance paid per SF Rent Ordinance 37.9C | Attach receipt; item 5 lists $0 past-due rent |
| Substitute service April 20, 2026 | Item 3 confirms substitute service plus 10 days |
| Default entered May 6, 2026 | UD-116 filed after default |
| Daily rent value $120 on $3,600/month | Item 4 lists $120/day with monthly-rent math |
Priya Patel claims $0 in past-due rent because the case is no-fault, $1,560 in 13-day holdover damages from April 16 to April 29, $0 attorney’s fees because she is self-represented, and $375 in costs.
Scenario 3: Breach of Covenant in San Diego
| Step in the Eviction | Effect on UD-116 Entry |
|---|---|
| 3-day notice to perform or quit served March 1, 2026 | Item 3 lists 3/1/2026 and breach box |
| Tenant fails to remove unauthorized occupant | Attach declaration describing breach |
| Personal service March 10, 2026 | Item 3 confirms personal service |
| Default entered March 20, 2026 | UD-116 filed after default |
| Daily rent value $80 on $2,400/month | Item 4 lists $80/day with monthly-rent math |
David Kim claims $0 past-due rent, $4,000 in 50-day holdover damages, $750 attorney’s fees, and $315 costs for a total of $5,065 plus possession.
Calculating Damages the Right Way
Damages are the second-leading cause of UD-116 rejections after service errors. The math must be transparent, conservative, and supported by exhibits. Judges read the math line by line.
The base formula is simple: past-due rent demanded in the notice plus daily rental value times holdover days plus attorney’s fees plus costs. The hard part is anchoring each input to a verified date and a verified rent figure.
The consequence of sloppy math is that the judge will either deny the default outright or enter a smaller judgment than you asked for. A real-world example: Sofia Ramirez claimed 60 holdover days when the correct count was 47. The judge cut $1,300 from her judgment and added a note in the file that flagged her for closer review on her next case.
Per Diem Holdover Damages Under CCP § 1174
CCP § 1174(b) authorizes damages for the reasonable rental value during the holdover period. Reasonable rental value usually equals the contract rent, but landlords may prove higher market rent with comparable-rent evidence such as recent listings on Zillow, Apartments.com, or a written appraisal.
The consequence of relying on contract rent in a tight market is leaving money on the table. The consequence of claiming inflated market rent without evidence is denial. A common misconception is that “market rent” means whatever the landlord wants. It does not; it means rent supported by comparable units in the same neighborhood.
Statutory Damages Under CCP § 1174(b)
In rare cases, the court may award treble damages when the tenant’s holdover is malicious. The complaint must plead malice, and you must offer evidence at the prove-up. Default cases rarely produce treble damages because malice is hard to prove on paper.
County-Level Nuances
California is one state with 58 county courts and dozens of local rules. UD-116 is statewide, but the prove-up packet around it varies.
Los Angeles Superior Court requires an attorney-fee schedule attachment for any fee claim over $400. San Francisco Superior Court requires a relocation-assistance receipt for any no-fault eviction. Alameda Superior Court requires a Just Cause for Eviction Ordinance compliance declaration when the unit falls under Oakland’s Just Cause Ordinance.
The consequence of ignoring local rules is rejection. Always pull the local rules from the court’s website before you file. A common misconception is that statewide forms override local rules. They do not; local rules add procedural requirements on top of statewide rules.
COVID-Era Rules Still Affecting Defaults
Most COVID-era protections expired by 2023, but residue remains. AB 2179 protected tenants who applied for rental assistance through Housing Is Key for unpaid rent between March 2020 and March 2022. If your past-due rent reaches into that window, you must declare under penalty of perjury that no application is pending.
The consequence of missing the AB 2179 declaration is denial. Add a paragraph to UD-116 or attach a separate declaration. A common misconception is that AB 2179 is dead. The application window is closed, but the declaration requirement still appears on many county prove-up checklists.
Mistakes to Avoid
Each mistake below has stopped a real default judgment in California in the past 24 months.
- Filing UD-116 before the clerk processes CIV-100, leaving no default on file for the judge to act on
- Listing past-due rent that exceeds the 3-day notice amount, which voids the notice under WDT-Winchester
- Claiming holdover damages from the day rent was first late instead of the day after the notice expired
- Forgetting the SCRA military status declaration, which blocks judgment against any defendant
- Self-represented landlords claiming attorney’s fees, which are not recoverable because no fees were paid
- Misspelling the property address so it does not match the complaint, notice, or proof of service
- Signing UD-116 before all required exhibits are attached, leaving the declaration unsupported
Pros and Cons of Using UD-116
| Advantage of UD-116 | Drawback of UD-116 |
|---|---|
| Standardizes the prove-up so clerks accept it faster | Adds a layer of paperwork on already-tight timelines |
| Reduces drafting time for self-represented landlords | Optional in some counties, leading to inconsistent practice |
| Forces clean math that judges can verify quickly | Requires every input to match the complaint exactly |
| Bundles all sworn facts into one signed document | Penalty-of-perjury exposure for any inaccurate statement |
| Pairs cleanly with UD-110 to produce a final judgment | Does not replace separate Memorandum of Costs in many courts |
Dos and Don’ts
- Do verify every date against the proof of service before signing
- Do attach the lease, notice, and proof of service as exhibits
- Do calculate holdover damages day by day with the math shown
- Do run an SCRA check on every adult defendant
- Do check local court rules for extra prove-up requirements
- Don’t claim more rent than the 3-day notice demanded
- Don’t claim attorney’s fees if you are self-represented
- Don’t sign UD-116 before the clerk enters the default
- Don’t inflate the daily rental value without comparable-rent evidence
- Don’t forget to file UD-110 and a writ-of-possession request alongside UD-116
Key Entities in the UD-116 Process
The Judicial Council of California drafts and updates the form. The California Department of Real Estate regulates property managers who may sign as agents. The Department of Consumer Affairs oversees landlord-tenant complaints. The California Apartment Association publishes prove-up checklists for member landlords.
Each entity plays a different role. The Judicial Council writes the rules; the courts apply them; the agencies enforce them; the trade associations train landlords. The consequence of confusing their roles is wasted time chasing the wrong agency for the wrong answer.
Recap of Key Court Rulings
Borsuk v. Appellate Division (2015) 242 Cal.App.4th 607 confirmed that motions to quash service in unlawful detainer are not appealable, which means defaulted tenants have narrow paths to attack UD-116 judgments. Stancil v. Superior Court (2021) 11 Cal.5th 381 clarified that habitability defenses must be raised in the answer, not after default. Levitz Furniture Co. v. Wingtip Communications holds that defective notices cannot be cured at prove-up.
The consequence of ignoring these cases is that you may rely on a UD-116 judgment that is vulnerable to a CCP § 473(d) motion years later. A common misconception is that default judgments are bulletproof. They are not; void judgments can be attacked at any time.
FAQs
Is Form UD-116 mandatory in every California county?
No. UD-116 is an optional Judicial Council form, but most counties strongly prefer it because it standardizes the prove-up declaration required by California Rules of Court 3.1800.
Can a self-represented landlord recover attorney’s fees on UD-116?
No. Self-represented landlords paid no attorney’s fees, so they cannot recover them, even when the lease contains an attorney’s fee clause under Civil Code § 1717.
Can I file UD-116 before the clerk enters default on CIV-100?
No. The judge has nothing to act on until the clerk processes the request to enter default, so filing UD-116 first guarantees a clerk rejection.
Does UD-116 replace the Memorandum of Costs MC-010?
No. Most California courts still require a separate MC-010 to itemize recoverable costs, even when UD-116 summarizes them in item 8.
Can I claim late fees as part of past-due rent on UD-116?
No. Late fees are recoverable only when the lease defines them as additional rent and the 3-day notice itemized them separately, per Levitz Furniture.
Do I need an SCRA military status check for every defendant?
Yes. Every adult defendant requires a Servicemembers Civil Relief Act declaration under 50 U.S.C. § 3931, including a DMDC verification printout for the prove-up.
Can holdover damages start from the day rent was first late?
No. Holdover damages run from the day after the notice period expires through the date of judgment, never from the original rent due date.
Does AB 2179 still affect default judgments in 2026?
Yes. When past-due rent falls within the March 2020 to March 2022 window, you must declare no rental-assistance application is pending, even though the program is closed.
Can a tenant attack a UD-116 judgment after default?
Yes. Tenants may file a motion to vacate under CCP § 473(b) within six months, or attack a void judgment at any time under CCP § 473(d).
Is the daily rental value always the monthly rent divided by 30?
No. Courts accept higher market-rent figures supported by comparable-rent evidence, and they may accept lower figures when the unit was uninhabitable during the holdover.
Can I file UD-116 electronically in California?
Yes. Most California superior courts accept e-filing through approved vendors, though some rural counties still require paper filing for unlawful detainer prove-ups.
Does UD-116 give me possession of the property?
No. UD-116 supports the money judgment, but possession requires Form UD-110 and a writ of possession on Form EJ-130 served by the sheriff under CCP § 715.010.
Related reading
- How to Fill Out California Form UD-100 (w/Examples) + FAQs
- How to Fill Out California Form UD-101 (w/Examples) + FAQs
- How to Fill Out California Form UD-105 (w/Examples) + FAQs
- How to Fill Out California Form UD-110 (w/Examples) + FAQs
- How to Fill Out California Form UD-115 (w/Examples) + FAQs
- How to Fill Out California Form UD-150 (w/Examples) + FAQs
- How to Fill Out Washington Form LT 01 (w/Examples) + FAQs