California Unlawful Detainer vs. California Breach of Lease

Basic Background

1. California Unlawful Detainer: Commonly known as an eviction action, governed by California Code of Civil Procedure Section 1161, et seq, filed by a landlord due to a breach of a residential or commercial lease by the tenant. The breach is typically due to tenant’s non-payment of rent, but it can also be due to tenant’s breach of a material covenant of the lease.

2. California Breach of Lease: A civil action initiated by either a landlord or a tenant because on party has breached a covenant under a commercial or residential lease and either party seeks remedies in their favor due to such breach. In order for either party to meet its burden, they must meet the burden set forth in California Code of Civil Procedure Section 437.

3. California Civil Lawsuits: Both unlawful detainer and breach of lease actions are civil complaints filed within California superior courts.

4. Different Strategies: While a landlord may be entitled to file either a breach of lease or an unlawful detainer action, each action has different key benefits, so it is important to consult a lawyer before filing your lawsuit.

Let’s Compare

California Unlawful Detainers:

1. Used to regain possession of the premises.

2. Requires landlord to serve the tenant with a written notice to quit at the premises to both the tenant and all other occupants, which gives tenant and all other occupants the opportunity to cure its default.

3. No recovery for future rent and can only sue for unpaid rent UP TO a year from the current date of your action.

4. Cannot be filed against lease guarantors who are not in possession of the property.

5. Case has priority, and shorter time frames for all aspects of the case (as little as 5 days to respond to the complaint versus the statutory 30 days).

California Breach of Lease:

1. Used to obtain a money judgment.

2. Landlord should provide tenant with a demand letter prior to filing the complaint for breach of lease, allowing tenant to cure its default.

3. Judgment can include future rent amounts if the tenant has vacated/abandoned the premises.

4. Can seek recovery against lease guarantors, assignors and/or subleasees.

5. Case not entitled to priority.
   
   
   
   

Questions?

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