§6.09 Entry of Judgment

Judgment must be entered after the trial. If the defendant prevails, the judgment is simply for possession and allowable costs and fees. If the plaintiff prevails, he or she is entitled to an immediate writ of execution if it is requested. [CCP §1170.5(a).] You or the jury will have to assess the damages (reasonable rental value of the premises for the period the tenant continues in possession after expiration of the 3-day notice and until entry of judgment) and rent due (in a nonpayment of rent case). [See CCP §1174(b); Saberi v Bakhtiari (1985) 169 CA3d 509, 515; Superior Motels, Inc. v Rinn Motor Hotels, Inc. (1987) 195 CA3d 1032, 1066.] If the case is based on a 30- or 60-day notice, however, you may award daily damages only after expiration of the notice period.

The plaintiff also may be entitled to statutory damages of up to $600 if the defendant was found guilty of forcible entry or forcible unlawful detainer and malice was shown. [CCP §1174(b).]

See form UD-110 for an optional form of judgment, and form UD-110S for an attachment when the warranty of habitability has been breached.

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