Legal Question in Landlord & Tenant Law in California

Re: move before unlawful detainer trial?

Statutory law says that if you are not in possession of the premises at the time of trial, an unlawful detainer judgment should not be entered against you. However, most courts will enter a u.d. judgment anyway, unless an objection is made, the law is provided to the court, and evidence is presented that the tenant has moved out. Even if the court does not enter a u.d. judgment, it can convert the case to a civil case an enter a judgment for past due rent and attorney fees. A civil judgment is not near as bad as a u.d. judgment because a u.d. judgment will prevent you from leasing from many landlords in the future. You can avoid a civil judgment for past due rent and attorney fees by offering to pay that amount when you get to court. The case will be dismissed and no judgment at all will be entered. However, the Unlawful Detaiiner Registry credit report will still show that a u.d. action was filed against you and that the case was dismissed. You can explain to a future landlord that the case was dismissed due to the fact that your landlord made a mistake and forgot that you moved out, and that you were all paid up on your rent.