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Unlawful Detainer Help

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chickfce

Junior Member
What is the name of your state? California

I filed an unlawful detainer suit against my tenants this morning. My question is, what happens to the suit if they move out of the property? Does it continue and can I still get a judgement or will I have to file another suit for rent and damages? Thanks.
 


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I AM ALWAYS LIABLE

Senior Member
chickfce said:
What is the name of your state? California

I filed an unlawful detainer suit against my tenants this morning. My question is, what happens to the suit if they move out of the property? Does it continue and can I still get a judgement or will I have to file another suit for rent and damages? Thanks.
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My response:

Excellent question.

If your tenant moves, then you no longer have an "unlawful detainer"; i.e., there's no one "detaining" your premises. So, assuming that your monetary damages are less than, or equal to $5,000.00, then in this situation you'd file a second lawsuit and move the court to consolidate the two actions. [Ca Civ Pro § 1048]

IAAL
 
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chickfce

Junior Member
Thank you for the reply. The reason for the eviction was a 3-day perform or quit. There was quite an extensive list of damages. I believe they are more than $5000. How soon do they need to leave the unit to render the UD moot? And what kind of suit do I file next if the damages are over 5000?
 
E

ENASNI

Senior Member
Um

chickfce said:
Thank you for the reply. The reason for the eviction was a 3-day perform or quit. There was quite an extensive list of damages. I believe they are more than $5000. How soon do they need to leave the unit to render the UD moot? And what kind of suit do I file next if the damages are over 5000?
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I am not sure if IAAL will be back or not, he is a busy guy and one partner down in his firm. But I believe he will try to come back and tell me if I am wrong. :(
You will go to civil court, if in your county your courts are in the same place there is a chance you can transfer your fees that you paid to that venue. Talk to the clerk where you filed. If you are doing this on your own. :confused: , then google up some help, otherwise get some outside help. Small claims in Cali does not allow a lawyer, but I believe civil does.

Good luck and keep us informed. I will be on a train all day today, and I am not sure how my laptop likes track travel, so do not count on me. But count on IAAL to tell me if I have given you false information.. He likes to do that. :eek:
 
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