I just received a unlawful detainer and i want move out before they want to go to court but will eviction still be on my record
Yes, unless the complaint for unlawful detainer is dismissed within 60 days of its filing. You need to make sure the landlord dismisses the unlawful detainer if one is filed. If you move out before the landlord files an unlawful detainer lawsuit, then nothing goes on your record. However, if the landlord filed a complaint, then the following applies:
If the tenants filed an answer to the unlawful detainer complaint prior to moving out, then the unlawful detainer case converts to a regular civil action for money damages once possession is no longer at issue. The landlord would still have to request a trial date in order to prove-up the landlord's damages.
If the tenants did not file an answer to the unlawful detasiner complaint, the landlord can submit a request for entry of default and for court judgment. A landlord will not be able to obtain a clerk's judgment; only a court judgment (which requires a Code of Civil Procedure section 585 declaration) for the unpaid rent as set forth in the 3-day notice and holdover damages at the reasonable daily rent rate.
If the landlord is also seeking other types of damages such as late fees and damages to the physical property beyond normal wear and tear not covered by the security deposit, the landlord cannot do so in the same unlawful detainer action. The landlord should dismiss the unlawful detainer action "without prejudice" and file a new lawsuit for breach of lease to seek the other types of damages, which may include the late fees, unpaid rent as well as future rent, and any other damages.
Note that if the amount of unpaid rent is $7500 or less, the landlord can use the small claims court, which is the fastest and most economical method of obtaining a judgment. Converting to a regular civil action could take many months, compared to approximately one month for obtaining a small claims court judgment.
Practically speaking, many landlords are happy just to regain possession of the premises and are not inclined to spend more attorney's fees and costs to obtain a judgment against their former tenants who likely have no assets. Such landlords typically dismiss their unlawful detainer complaint by filing a Request for Dismissal (Judicial Council Form CIV-110).
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
I agree with Mr.Chen's detailed analysis of the guidelines for you to handle the matter. Unlawful detainer complaint can be resolved by your request to the Landlord to dismiss the matter.
You can work out a stipulation for payment of any back rent so that the matter will go away without a Judgment on your record.
It may be a sound idea to consult an unlawful detainer attorney if you need additional help.