Unlawful Detainer - Tenant is gone, now filing for past due rent and damages

[angeleyes1]

What is the name of your state? California

I filed a UD case in early 2019 which the defendants were in default and finally moved out. 9 months later I filed a separate limited new case to collect rent due and property damages. On this new case, the Defendants failed to respond to my complaint and I am filing a default judgment on the rent and property damages due.

Question - Were the Defendants in default on the first case for rent and property damages? If I have two separate cases, is there a problem with this? If so, do I need to file any documents to consolidate both cases or does the court do this on their own motion? What forms do I need to complete in order to get a judgment? Been turned down by clerk when I requested a Clerk's judgment when I filed under a breach of contract. Any and all help appreciated.

 

[adjusterjack]

I just read the California eviction statute and I can't make head or tails out of it.

http://leginfo.legislature.ca.gov/f....xhtml?chapter=4.&part=3.&lawCode=CCP&title=3.

I am unable to tell if you needed to include rent and damage in the eviction action or whether it's a separate action.

And if I can't figure it out then YOU, my friend, need a lawyer.

 

[angeleyes1]

Thanks for the response, adjusterjack, even if that was exactly the answer I did not want

 

[quincy]

You should have included damages in your unlawful detainer action.

Information on unlawful detainer complaints from Santa Clara County:
http://www.scscourt.org/self_help/civil/ud/ud_prepare_complaint.shtml

 

[angeleyes1]

The attorney I hired claimed that it would delay the eviction and suggested that I do that after tenant left. Sounds like I got bad advise.

 

[quincy]

The attorney I hired claimed that it would delay the eviction and suggested that I do that after tenant left. Sounds like I got bad advise.

I won’t second guess the advice from the attorney licensed to practice in your area you hired for your unlawful detainer action.

You might want to speak to a different attorney in your area now, though.

 

[Zigner]

Why don't you ask the attorney who you used for the eviction?

 

[angeleyes1]

I did but have not heard back yet.

 

[quincy]

I did but have not heard back yet.

Again, I think you might want to speak to a different attorney to see if your unlawful detainer action was handled properly.

 

[adjusterjack]

You should have included damages in your unlawful detainer action.

Information on unlawful detainer complaints from Santa Clara County:
http://www.scscourt.org/self_help/civil/ud/ud_prepare_complaint.shtml

Even that's contradictory.

An Unlawful Detainer action is about who gets to stay on the property. Money damages don’t have to be decided in this action. You can ask for damages in an ordinary civil action.

But you can apparently also ask for damages in the UD action, though you aren't likely to know what they are until after the tenant is out.

Which, by the way, shouldn't have taken more than a week or two, not 9 months.

 

[quincy]

Even that's contradictory.



But you can apparently also ask for damages in the UD action, though you aren't likely to know what they are until after the tenant is out.

Which, by the way, shouldn't have taken more than a week or two, not 9 months.

I agree it is confusing.

I also agree nine months seems a long time after the unlawful detainer action to file a civil action against the same tenants over rent and damages.

 

[angeleyes1]

It is confusing. Is there a legal deadline in which to file for damages?

 

[quincy]

It is confusing. Is there a legal deadline in which to file for damages?

Sooner than 9 months after the unlawful detainer action has resulted in a judgment, I would think. That would be a good question for your attorney, though.

The unlawful detainer judgment will include all of the damages requested by the landlord (past due rent, holdover damages, attorney fees, all other costs) so I guess I am puzzled why the attorney you hired did not include these damages in the original court action. That said, I can understand filing a subsequent civil action after the landlord has had time to assess the condition of the rental unit after the tenant has vacated.

Again, you should ask either your attorney or another attorney in your area.

Good luck.

 

[zddoodah]

It is confusing. Is there a legal deadline in which to file for damages?

Yes. Three years.

As for your original question, please review the responses at the other site where you posted this same thing.

 

[quincy]

Trying to collect past due rent might be easier than trying to collect for property damage 9 months after the tenant has vacated the property. The delay between the unlawful detainer action and the civil action is problematic, unless angeleyes is hoping for a default judgment.