What Can a Landlord Obtain from an Unlawful Detainer (Eviction) Court Procedure?

 

Unlawful detainer (eviction) cases are relatively quick court proceedings in California. The only issues involved are the right to possession (who is entitled to possession of the property – the landlord or the tenant), and damages resulting from the unlawful detainer (for example, unpaid rent). Similarly, the only defenses available to a tenant involve defenses that might defeat the landlord’s right to possession. Tenants cannot file a cross-complaint in an unlawful detainer court procedure.

Questions relating to the legal title of the property are generally not part of an eviction case.

So long as a judgment does not include language settling all disputes arising out of the tenancy, all other damages arising from the tenancy are recoverable only through a separate court proceeding.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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