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  1. Eshagian v. Cepeda :: 2025 :: California Courts of Appeal Decisions ...

    On December 27, 2022, Eshagian filed an unlawful detainer complaint seeking possession, unpaid rent, holdover damages, and attorney fees. Cepeda filed an answer denying the allegations and asserting …

  2. What Is Tenant Holding Over and What Happens Next?

    Aug 8, 2025 · They can also seek monetary damages for the period the tenant remains in unauthorized occupancy. These damages often include the fair rental value for the holdover period.

  3. California Code, Code of Civil Procedure - CCP § 1174.27

    Jan 1, 2025 · (2) If a court issues a partial eviction order as described in subparagraph (A) of paragraph (1), then only a defendant found guilty of an unlawful detainer may be liable for holdover damages, …

  4. To Have and To Hold Over: Landlords, Be Wary of Accepting Rent …

    Sep 2, 2025 · The legal effect of a tenant’s holding over depends on whether the holdover occurs with the landlord’s consent (express or implied) or without it.

  5. Hiona v. Superior Court (2154 Taylor LLC): Waiver of Incidental Damages ...

    Jul 26, 2020 · An action for unlawful detainer seeks possession of the property and per diem holdover damages, and so the easiest way for a defendant to defeat a property owner’s motion is to dispute …

  6. Landlords May Want To Pursue Tenants for Holdover Damages As …

    Aug 2, 2011 · Holdover damages are allowed per sec. 704.27,Wis. Stats., which states that if a tenant remains in possession of the rental unit without the consent of the landlord after expiration of the …

  7. Landlord Claims for Holdover Rent & Damages - Attorney Aaron Hall

    Security deposits may be applied to offset unpaid holdover rent or related damages but cannot replace formal rent claims. Courts recognize holdover rent claims as distinct from damages for property harm …

  8. What Are Holdover Damages and How Are They Calculated?

    Jun 16, 2025 · The calculation of holdover damages often depends on specific language in the lease and prevailing state laws. One common method is to assess the property’s fair market rental value …

  9. What Can a Landlord Do about a Holdover Tenant? | LegalMatch

    Oct 21, 2021 · They could also owe damages for other harm caused. For example, a landlord may have entered into a lease with another tenant for the property being held. The holdover tenant could owe …

  10. Hiona v. Superior Court :: 2020 :: California Courts of Appeal ...

    Landlord brought summary judgment motions for restitution of the premises based on Tenants’ holdover under the Ellis Act and the San Francisco rent ordinance. Landlord waived damages, estimated at …