Landlord May Amend Unlawful Detainer Complaint At Trial Without Delaying Case

If the landlord’s unlawful detainer complaint contains an error, it does not mean that the tenant wins. Quite to the contrary, the landlord may simply amend the complaint according to proof at trial. In other words, the landlord can make a verbal request that the court amend the complaint based on the evidence presented by the landlord. As long as the evidence establishes that the tenant is guilty of unlawful detainer, the landlord will prevail. The tenant is not entitled to a continuance as a result of the amendment. (See, Code of Civil Procedure section 1173)

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 

© 2015 Ruzicka, Wallace & Coughlin, LLP.

August 16, 2015 | Landlord-Tenant Law |