No person other than the tenant of the premises and subtenant, if there be one, in the actual occupation of the premises when the complaint is filed, need be made parties defendant in the proceeding, nor shall any proceeding abate, nor the plaintiff be nonsuited for the nonjoinder of any person who might have been made party defendant, but when it appears that any of the parties served with process, or appearing in the proceeding, are guilty of the offense charged, judgment must be rendered against him or her. In case a defendant has become a subtenant of the premises in controversy, after the service of the notice provided for by subdivision 2 of Section 1161 of this code, upon the tenant of the premises, the fact that such notice was not served on each subtenant shall constitute no defense to the action. All persons who enter the premises under the tenant, after the commencement of the suit, shall be bound by the judgment, the same as if he or they had been made party to the action.
§ 1164.Parties Defendants
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 1975 · Last verified July 29, 2026
In one sentenceSection 1164 requires naming only the tenant and any subtenant in actual occupation of the premises when the complaint is filed, bars dismissal for leaving out other possible defendants, binds anyone who moves in after the suit starts to the judgment, and holds a subtenant to the judgment even without separate notice on that subtenant.
Full Text of § 1164
Plain-English Summary
Unlawful detainer actions move fast, and this section keeps procedural technicalities from slowing them down. Only the tenant and any subtenant in possession when the complaint is filed need be named as defendants — the case does not abate, and the plaintiff is not thrown out of court, just because some other person who theoretically could have been named was left off.
Once someone appears or is served and the evidence shows that person is guilty of the charged offense, judgment must be entered against them regardless of who else was or wasn't included. The section also addresses a subtenant who moved in after the landlord already served the tenant with the nonpayment notice under § 1161(2): the fact that the subtenant never received a separate copy of that notice is no defense to the action.
Finally, anyone who enters the premises through the tenant after the lawsuit is already underway is bound by whatever judgment results, exactly as if they had been made a party from the start. That rule, combined with the notice provisions in § 1162 and the general party rules preserved in § 1165, is what lets a single unlawful detainer judgment reach everyone occupying the property.
Frequently Asked Questions
Does a landlord have to name every possible occupant as a defendant?
No. Section 1164 requires naming only the tenant and any subtenant in actual occupation when the complaint is filed — leaving out other possible defendants does not abate the case or get the plaintiff nonsuited.
What happens to someone who moves in after the lawsuit is filed?
They are bound by the judgment the same as if they had been made a party to the action from the beginning.
If a subtenant moved in after the landlord's notice was served on the tenant, is the subtenant still bound?
Yes. The fact that the § 1161(2) notice was not separately served on that subtenant is not a defense to the action.
Who does the court enter judgment against?
Whoever was served with process or appeared in the proceeding and is shown to be guilty of the charged offense.
Amendment History
Amended by Stats. 1975, Ch. 1241.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: who must be named defendant unlawful detainer californiasubtenant bound by eviction judgment california