Legal Question in Landlord & Tenant Law in California

I am a landlord trying to fill out an unlawful detainer but not sure how to fill it out. I was wondering if there is somewhere I could go to view samples filled out.

Also, I wanted to find out the definitions of nonmonetary declaratory or injunctive relief and punitive damage. Thanks.


Asked on 8/16/10, 10:03 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Declaratory relief is when a party asks the court to interpret a provision of, or the entire agreement. Usually that doesn't apply in a landlord-tenant relationship, unless a rental agreement is ambiguous. A request for injunctive relief would have the court balance the benefit with the harm that preventing a party from doing something would cause. This usually doesn't apply in the typical landlord-tenant relationship. Usually in an unlawful detainer situation, the landlord does not receive punitive damages. Many rental agreements contain an attorney's fee provision, which would permit the landlord to get a judgment that includes such fees, if the landlord is victorious.

I would hope that you served the three-day or 30/60-day notice to quit (or pay or quit) before you consider filing your unlawful detainer with the court. Many law firms offer eviction services to landlords at an extremely reasonable cost.

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Answered on 8/21/10, 10:15 pm


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