In what circumstances will a landlord be able to claim damages for unlawful detainer damages against a holdover tenant?
California, United States of America
The following excerpt is from Fragomeno v. Insurance Co. of the West, 207 Cal.App.3d 822, 255 Cal.Rptr. 111 (Cal. App. 1989):
In Greenberg v. Koppelow (1946) 76 Cal.App.2d 631, 634, 173 P.2d 821, a case involving the determination of the correct measure of damages [207 Cal.App.3d 829] against a holdover tenant, the court determined that the statutory damages for unlawful detainer damages was applicable and not the measure of damages provided for in the written lease. More importantly for purposes of this decision, the court made the following comment:
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