Legal Question in Landlord & Tenant Law in California

Re: Eviction: Tenants Moved-Still Go to Trial?

Since possession is not an issue any longer, it depends on what your local court's policy is. Some courts will convert the case to a regular money lawsuit and take it off the fast track. Others will just have you prove up your damages. Why don't you call the clerk and see how your court operates?

Re: Eviction: Tenants Moved-Still Go to Trial?

I agree with all of my colleagues.

And like Mr. Shers, I do believe you submitted this query previously, and the answers are the same.

Re: Eviction: Tenants Moved-Still Go to Trial?

I think you posted a question about a week ago before the tenants had moved out, and I gave an answer. You still are vague as to what exactly the tenants are going to do. Are they willing to agree to a stipulated judgment, are they going to make a claim against you for any deposits you have withheld, will they sign any type of agreement to resolve all the issues so that you do not have to worry about the issues coming up later, etc. Do they have any money that you could get once you have a judgment or is it going to be just a piece of paper? You can not recover for punitive damages merely because they did not pay the rent.

Re: Eviction: Tenants Moved-Still Go to Trial?

I agree with the answer that this will be moved from the unlawful detainer calendar most likely over to the civil calendar. I have primarily represented landlords in the past. We would file for a judgment, even if the tenant moved out, if the actions of the tenant were malicious.

For instance, if the tenant moved out as quickly as possible after being unable to pay rent so that the landlord was not in the position of having to pay the tenant's rent, and if the tenant left the premises in good condition, I recommended to the landlord to let it go. We still had most of the deposit, and the place could be re-rented quickly.

However, if the tenant stayed as long as possible and forced the landlord to pay the rent, and then left the place dirty on top of it, and especially if it appeared that the tenant has probably done this to other landlords in the past, then I would recommend obtaining a judgment against this tenant to put other landlords on notice.

The reason it's usually futile to get a judgment is because tenants don't usually have any money or property, and it takes more time and money to enforce a judgment than it's worth. But at least getting a judgment on their record puts other prospective landlords on notice.