Legal Question in Civil Litigation in California
If I win an unlawful detainer, does this mean I no longer owe the landlord the back rent? Will the landlord file another unlawful detainer? or will they file a civil suit against me? I guess what I want to know is what happens to the back rent amount just say if I win my unlawful detainer based on habitability issues? Thanks
2 Answers from Attorneys
It depends on why you win the unlawful detainer, and to what extent your habitability issues reduce the market value of rent. I doubt you would get away completely rent free, but would rather owe a reduced amount.
Mr. Roach is correct that you would owe whatever the court found to be the reasonable rental value; an unlawful detainer suit is a civil suit. Even if you win, the landlord will likely give yo a thirty day notice that he is not renewing the month to month tenancy and would go after you for the back rent.
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