Can a landlord obtain a judgment for possession of a property obtained by the landlord in an unlawful detainer action?
MultiRegion, United States of America
The following excerpt is from Bruce v. Fazilat (In re Bruce), Adv. No: 8:15-ap-01028, Case No.: 8:14-bk-15055-MW (Bankr. C.D. Cal. 2018):
21. Although it is clear that a judgment for possession of property obtained by a landlord in an unlawful detainer action terminates a tenant-debtor's legal or equitable possessory interest in the property, it is unlikely that a mere three day notice (such as the notice given here prepetition) terminates such interest. Eden Place, LLC v. Perl (In re Perl), 811 F.3d 1120, 1129-1130 (9th Cir. 2016).
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