Pursuant to Cal. Civ. Code § 1952.3, if the lessor brings an unlawful detainer proceeding and possession of the property is no longer in issue because possession of the property has been delivered to the lessor before trial or, if there is no trial, before judgment is entered, the case becomes an ordinary civil action. At this point, the landlord may continue with the civil damages action but is limited to recovering only those damages allowable in the unlawful detainer action (unpaid rent earned at the time of termination), unless the landlord elects to amend the complaint so that possession is no longer at issue and state a claim for damages. To seek damages arising from the unpaid rent for the balance of the term of lease, the Landlord must amend the complaint.
If you are a landlord in Los Angeles and have an issue with a tenant, contact one of our Los Angeles Eviction Attorneys for a free consultation and case evaluation.