Unlawful Detainer Term With Damages
Description
How to fill out Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?
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FAQ
Respond to the eviction case by filing a written response with the court very quickly. This means you're going to participate in the lawsuit and fight the eviction. Talk with your landlord and try to come up with an agreement where you can stay in your home.
A tenant in California can absolutely win an unlawful detainer case if they can prove in court that there is no legal ground for the eviction or if the landlord has not followed the correct procedure for the eviction.
Whether the underlying eviction action is based on unpaid rent or eviction for cause, the plaintiff (landlord) has the burden of proof at trial and it is their duty to prove that either there is rent owed or the tenants are in violation of one or more lease provisions.
A ?holdover? is when a tenant remains in possession of a rental unit without the consent of the landlord after the terms of the lease have expired or termination of the tenancy. A landlord may recover holdover damages from the renter for the tenant's failure to vacate the unit within the required time frame.
If the defendant is found guilty of forcible entry, or forcible or unlawful detainer, and malice is shown, the plaintiff may be awarded statutory damages of up to six hundred dollars ($600), in addition to actual damages, including rent found due.