When Summary Proceedings Are Not So Summary: Practical Options Amid California Unlawful Detainer Delays
California’s unlawful detainer process is described as a “summary” proceeding. A defendant has just 10 business days to respond to an action for eviction and the trial is supposed to be held within 20 days of a request.
In practice, however, that timeline is increasingly unrealistic. Processing delays, e-filing transitions, staffing limitations, budget constraints and Court backlogs have contributed to significant delays in contested hearings. Savvy parties recognize that these delays have become part of the legal and business analysis.
Delay Issues for Landlords and Tenants
For landlords, delays in possession can mean months of lost rent and the inability to relet the premises. For tenants, delays may provide leverage, time to relocate or prepare a defense. But for both sides, delays also carry risk in the form of rent exposure, attorneys’ fees, and the possibility that a business problem becomes a litigation problem with no immediate resolution.
Start With the Objective, Not the Lawsuit
When considering litigation, the first question should not always be, “Can we file?” Often, it should be, “What are we trying to accomplish?”
For a landlord, the objective may be immediate possession, a reliable move out date, recovery of some rent, preservation of the asset, or compliance with a lender, buyer, or property manager’s requirements. For a tenant, the objective may be time, waiver or reduction of arrears, avoidance of a judgment, preservation of business goodwill or protection of a security deposit. When the trial is months away, a negotiated outcome may better serve both sides than waiting for a formal resolution.
Practical Alternatives
Negotiated Termination Agreements (“Cash for Keys”)
The most common alternative to litigation is a written termination and surrender agreement in which the tenant agrees to voluntarily vacate by a certain date in exchange for some consideration, such as waiver of back rent, release of claims, return or agreed handling of the security deposit or dismissal of a pending lawsuit. These agreements can be highly effective, but they should be drafted with care to ensure that concessions are conditioned on expressly described performance.
Stipulated Judgments and Court-Enforceable Settlements
If litigation is already pending, the parties can structure settlements to include certain enforcement mechanisms. A settlement can be placed on the record, reduced to a written stipulation or structured for enforcement under Code of Civil Procedure section 664.6, allowing the court to retain jurisdiction to enforce the settlement until performance is complete.
Notice of Belief of Abandonment
Where the facts support a reasonable belief that the tenant has abandoned the premises, it may allow a landlord to recover possession in weeks rather than months.
Assignment, Sublease, or Replacement Tenants
In some cases, the best solution is not the removal of the tenant but the replacement of the economic risk. A defaulting tenant may have a buyer for the business, an affiliate willing to assume the lease, or a subtenant capable of carrying the premises through the end of the term. The landlord may prefer an approved assignee or subtenant over a vacant space, months of litigation and a claim against a tenant with limited collectability.
Lease Workout or Cure Amendment
For tenants with a viable business or temporary hardship, a lease work out or cure amendment can avoid the cost and disruption of an eviction while preserving occupancy for the landlord. Provided the agreement clearly defines what is being waived or deferred, payment plans, lease amendments or additional guarantees can stabilize the tenancy while avoiding the cost and delay of litigation.
When Litigation is Still Necessary
Some cases still require litigation, particularly where there is no communication, significant property risk or no viable alternative. Even then, delays should shape expectations and strategy.
Unlawful detainer actions remain a critical tool. They are just no longer as “summary” as the statute suggests. In this environment, early evaluation of alternatives can often lead to faster, more predictable outcomes.
For questions regarding options to avoid unlawful detainer proceedings, please contact Jessica Lomakin.
Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation, or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.
