Legal Question in Civil Litigation in California

If I win an unlawful detainer, does this mean I no longer owe the landlord the back rent? Will the landlord file another unlawful detainer? or will they file a civil suit against me? I guess what I want to know is what happens to the back rent amount just say if I win my unlawful detainer based on habitability issues? Thanks


Asked on 6/09/11, 1:11 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It depends on why you win the unlawful detainer, and to what extent your habitability issues reduce the market value of rent. I doubt you would get away completely rent free, but would rather owe a reduced amount.

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Answered on 6/09/11, 1:42 pm
George Shers Law Offices of Georges H. Shers

Mr. Roach is correct that you would owe whatever the court found to be the reasonable rental value; an unlawful detainer suit is a civil suit. Even if you win, the landlord will likely give yo a thirty day notice that he is not renewing the month to month tenancy and would go after you for the back rent.

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Answered on 6/09/11, 1:45 pm


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