California Eviction
After the Court's DecisionIf the court decides in your favor, your tenant(s) will have to move, and they will be ordered to pay your court costs (for example, filing fees) and any attorney's fees (if applicable). They will also have to pay any overdue rent and/or the cost of repairs if the unit is damaged.
If your tenant(s) wins, they will not have to move. In addition, the court may order you to pay the tenant(s)'s court costs and attorney's fees, and any proven damages, such as overdue rent or the cost of repairs if you damaged the premises.
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Relief from forfeiture of the tenancy
It is possible, but rare, for the tenant(s) to convince the court to allow them to remain in the rental unit. This is called relief from forfeiture of the tenancy. The tenant(s) must convince the court of two things in order to obtain relief from forfeiture: that the eviction would cause the tenant severe hardship, and that the tenant is able to pay all of the rent that is due or that the tenant will fully comply with the lease or rental agreement.
If you lose you may appeal the judgment
If you lose your unlawful detainer lawsuit, you may appeal the judgment if you believe that the judge mistakenly decided a legal issue in the case. Keep in mind, however, that your tenant(s) can appeal a judgment if they lose the case. Even if your tenant(s) appeal the judgment, most likely they will have to move before the appeal is heard, unless they obtain a stay of enforcement of the judgment or relief from forfeiture. This is very rare because the court will not grant a request for a stay of enforcement unless the it finds that the tenant and their family will suffer extreme hardship, and that you (the landlord) will not suffer irreparable harm. If the court grants the request for a stay of enforcement, it will order the tenant(s) to make rent payments to the court in the amount ordered by the court.
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