Legal Question in Landlord & Tenant Law in California

Can a landlord drop an unlawful detainer suit?

Our landlord tried to evict us after a billing error on their part and is now threatening to enter collections to retrieve rent and court costs from us. We filed our answer in time and moved of our own accord. In our answer we requested that the landlord pay our court costs. Heck we even asked for our moving costs. (Doesn't hurt, right?) Anyway, I have this fear that the landlord could somehow yank the suit or whatever and we'll never get our hearing: it'll just be us in a shouting match with a big corporation. Can they do that? Or is it that once you file a lawsuit, short of a mutual settlement with the Defendant, the Plaintiff has to complete the process?

Thanks for your answer!

Sincerely,

-daniel


Asked on 12/21/10, 12:37 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The landlord can dismiss the lawsuit. However, if you believe you're owed money, you can file a small claims lawsuit for the money owed. By the way, make sure that you notify the court that you have surrendered possession, so that the unlawful detainer process becomes a regular suit for money, and is not fast-tracked.

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Answered on 12/26/10, 12:54 pm


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