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Can an unlawful detainer be filed after the tenant has moved out of the residence?

No, in an unlawful detainer lawsuit the court decides if the landlord can take the property back from the tenant. If the tenant moves out before trial, the case must either be dismissed or changed to a regular civil action if the landlord is seeking back rent or property damages from the tenant. The landlord cannot use the speeded up unlawful detainer process if the property has already been vacated.

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Last modified: 03/17/2008

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