Legal Question in Landlord & Tenant Law in California

I believe that an Unlawful Detainer action can be 'accelerated' and go to trial faster than other actions. I recently moved out of a supposed live/work space when I found out that it was an illegally zoned residence. I am currently preparing pleadings for a complaint, and do not know if, in addition to pleading 'constructive eviction' as a cause of action, I can also seek damages in tort (ie, negligent misrepresentation). Does this make sense?


Asked on 10/05/09, 2:27 am

1 Answer from Attorneys

If you are the tenant, you can't bring an Unlawful Detainer action. UD is an action to recover posession of the premises by the landlord. Also, if you have already surrendered the premises, the landlord has no grounds for a UD either. Constructive eviction is a cause of action for damages, not an order for posession of the property. So you can certainly join it with misrepresentation causes of action.

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Answered on 10/05/09, 3:28 am


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