Legal Question in Landlord & Tenant Law in California

Re: Vacating after unlawful detainer filed.

What you have been told is not right. The tenant must have unequivocally vacated the property - in other words, no possibility that they could return or claim a right of possession. This generally means that all of their property is gone, and that the keys have been surrendered. If they have not, the Unlawful Detainer should proceed to judgment of possession and monetary judgment. I gather from your post that you are a tenant, and as such, don't plan on the lawsuit being automatically, or even voluntarily dismissed. Contact the attorney for the landlord and advise him you have surrendered possession. The landlord, however, is seeking two things from the court - (1) a judgment of possession, meaning he is restored to lawful possession of the property, and you as the tenant are lawfully dis-possessed of the property; and (2) a judgment for money damages. The money damages part of the lawsuit survives, and even if you notify them of your having left, the landlord will proceed to obtain a judgment for money damages. These damages including rent, attorneys fees, costs, and any other damages under the terms of the lease. This second part does not die just because you have vacated the property. If you do not file an answer, and respond to the complaint, then yes, the landlord will get what is called a "default judgment" - a judgment for whatever he asked for. By filing an answer, and appearing in court, you can at least ensure that he gets only what he is lawfully entitled to. When you contact the landlord's attorney to notify them you have vacated, ask to settle the monetary part of the lawsuit. They will probably ask you to sign a stipulation for entry of judgment, but you can probably work out payments, or some other settlement that is acceptable to you both.

If they vacate the lawsuit voluntarily before judgment is entered, it generally will not show up on your credit report. Property Management Companies and large landlords, however, use a different credit reporting service called a "tenant report" which does pick up Unlawful Detainer suits filed against you, even if they do not go to judgment. You will find that just the act of having the lawsuit filed against you will make it that much harder to get an apartment in the future. The lawsuit will stay on your credit report for seven years.

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