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What happens if the tenant decides to move out before the trial?

If a landlord has already started an eviction action against a tenant, and the tenant moves out before the trial and leaves the property neat and clean, the landlord normally will dismiss the unlawful detainer lawsuit. If the landlord does not dismiss the case, the tenant needs to appear at the trial and tell the court that he or she already moved out. (It is a good idea for the tenant to have photographs taken of the condition of the rental unit to help show the court that it was left neat and clean when the tenant moved out.)

But when the tenant moves out and turns the property back to the landlord, the landlord is no longer entitled to have a priority, speeded-up trial. The case will become a regular civil case and will be in line with other regular civil cases for a trial date. If the tenant does move out and turn the property back to the landlord, it is a good idea to inform the court of that fact so that the case will be treated properly.

If the tenant still owes the landlord money for unpaid rent, the landlord can still sue the tenant for that money, even if the tenant moves out before trial. If the tenant fails to respond to the complaint, the court may issue a judgment that awards the landlord the amount of rent that was requested in the complaint.

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Last modified: 03/17/2008

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