§ 1174.Judgment If Verdict Or Findings of Court In Favor of Plaintiff; Action Brought By Petroleum Distributor Against Gasoline Dealer

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 1994 · Last verified July 29, 2026

In one sentenceSection 1174 requires the court to enter judgment for possession when the plaintiff prevails, declare the lease forfeited only if the required notice stated that election, assess damages including up to $600 in statutory damages for malice, give the tenant a five-day window to pay the full amount due and stay in most nonforfeiture cases, and sets rules for handling personal property left behind.

Full Text of § 1174

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

(a) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the findings of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the possession of the premises; and if the proceedings be for an unlawful detainer after neglect, or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of that lease or agreement if the notice required by Section 1161 states the election of the landlord to declare the forfeiture thereof, but if that notice does not so state that election, the lease or agreement shall not be forfeited.

Except as provided in Section 1166a, in any action for unlawful detainer brought by a petroleum distributor against a gasoline dealer, possession shall not be restored to the petroleum distributor unless the court in the unlawful detainer action determines that the petroleum distributor had good cause under Section 20999.1 of the Business and Professions Code to terminate, cancel, or refuse to renew the franchise of the gasoline dealer.

In any action for unlawful detainer brought by a petroleum distributor against the gasoline dealer, the court may, at the time of request of either party, require the tenant to make rental payments into the court, for the lessor, at the contract rate, pending the resolution of the action.

(b) The jury or the court, if the proceedings be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent. If the defendant is found guilty of forcible entry, or forcible or unlawful detainer, and malice is shown, the plaintiff may be awarded statutory damages of up to six hundred dollars ($600), in addition to actual damages, including rent found due. The trier of fact shall determine whether actual damages, statutory damages, or both, shall be awarded, and judgment shall be entered accordingly.

(c) When the proceeding is for an unlawful detainer after default in the payment of rent, and the lease or agreement under which the rent is payable has not by its terms expired, and the notice required by Section 1161 has not stated the election of the landlord to declare the forfeiture thereof, the court may, and, if the lease or agreement is in writing, is for a term of more than one year, and does not contain a forfeiture clause, shall order that a writ shall not be issued to enforce the judgment until the expiration of five days after the entry of the judgment, within which time the tenant, or any subtenant, or any mortgagee of the term, or any other party interested in its continuance, may pay into the court, for the landlord, the amount found due as rent, with interest thereon, and the amount of the damages found by the jury or the court for the unlawful detainer, and the costs of the proceedings, and thereupon the judgment shall be satisfied and the tenant be restored to the tenant's estate. If payment as provided in this subdivision is not made within five days, the judgment may be enforced for its full amount and for the possession of the premises. In all other cases the judgment may be enforced immediately.

(d) Subject to subdivision (c), the judgment for possession of the premises may be enforced as provided in Division 3 (commencing with Section 712.010) of Title 9 of Part 2.

(e) Personal property remaining on the premises which the landlord reasonably believes to have been lost shall be disposed of pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code. The landlord is not liable to the owner of any property which is disposed of in this manner. If the appropriate police or sheriff's department refuses to accept that property, it shall be deemed not to have been lost for the purposes of this subdivision.

(f) The landlord shall give notice pursuant to Section 1983 of the Civil Code to any person (other than the tenant) reasonably believed by the landlord to be the owner of personal property remaining on the premises unless the procedure for surrender of property under Section 1965 of the Civil Code has been initiated or completed.

(g) The landlord shall store the personal property in a place of safekeeping until it is either released pursuant to subdivision (h) or disposed of pursuant to subdivision (i).

(h) The landlord shall release the personal property pursuant to Section 1965 of the Civil Code or shall release it to the tenant or, at the landlord's option, to a person reasonably believed by the landlord to be its owner if the tenant or other person pays the costs of storage as provided in Section 1990 of the Civil Code and claims the property not later than the date specified in the writ of possession before which the tenant must make his or her claim or the date specified in the notice before which a person other than the tenant must make his or her claim.

(i) Personal property not released pursuant to subdivision (h) shall be disposed of pursuant to Section 1988 of the Civil Code.

(j) Where the landlord releases personal property to the tenant pursuant to subdivision (h), the landlord is not liable with respect to that property to any person.

(k) Where the landlord releases personal property pursuant to subdivision (h) to a person (other than the tenant) reasonably believed by the landlord to be its owner, the landlord is not liable with respect to that property to:

(1) The tenant or to any person to whom notice was given pursuant to subdivision (f); or

(2) Any other person, unless that person proves that, prior to releasing the property, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of that person.

(l) Where personal property is disposed of pursuant to Section 1988 of the Civil Code, the landlord is not liable with respect to that property to:

(1) The tenant or to any person to whom notice was given pursuant to subdivision (f); or

(2) Any other person, unless that person proves that, prior to disposing of the property pursuant to Section 1988 of the Civil Code, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of that person.

(m) For the purposes of subdivisions (e), (f), (h), (k), and (l), the terms "owner," "premises," and "reasonable belief" have the same meaning as provided in Section 1980 of the Civil Code.

End

Plain-English Summary

This is the judgment section for a case the plaintiff wins. Subdivision (a) awards possession, and adds a forfeiture declaration only when the notice required by § 1161 said the landlord elected to declare the lease forfeited — if that notice didn't say so, the lease survives the judgment. A special rule protects gasoline dealers: a petroleum distributor can't get possession back unless the court finds good cause existed under Business and Professions Code § 20999.1 to end the franchise, and the court can order ongoing rent paid into court while that kind of case is pending.

Subdivision (b) has the jury or court assess damages for any forcible entry or detainer proved at trial and find the rent due if the case is for nonpayment. Malice opens the door to statutory damages of up to $600 on top of actual damages, with the fact-finder deciding which kind of damages, or both, to award.

Subdivision (c) is the pay-and-stay window that matters most to tenants: when the case is for nonpayment on a lease that hasn't expired and the notice didn't elect forfeiture, the court can — and for a written lease longer than a year with no forfeiture clause, must — hold the writ for five days after judgment so the tenant, a subtenant, a mortgagee of the term, or another interested party can pay the rent, damages, and costs in full and be restored to the tenancy. Missing that window lets the judgment be enforced in full. Outside that narrow window, judgment can be enforced immediately, following the enforcement procedure in Division 3 (commencing with § 712.010) of Title 9 of Part 2.

The remaining subdivisions handle property, not possession: personal property left behind and reasonably believed lost is disposed of under Civil Code § 2080 with no landlord liability, while other left-behind property must be handled through notice, safekeeping, and release procedures tied to Civil Code §§ 1965, 1980, 1988, and 1990, again shielding the landlord from liability once those steps are followed.

Frequently Asked Questions

Can I keep my lease if I lose an eviction case for nonpayment of rent?

Only if the notice that started the case didn't say the landlord was electing to declare the lease forfeited — otherwise § 1174(a) declares the forfeiture as part of the judgment.

How much time do I have to pay off the judgment and stay in the property?

In many nonpayment cases where forfeiture wasn't elected, the court holds the writ for five days after judgment so you can pay the full rent, damages, and costs and be restored to the tenancy.

Can the landlord get money damages beyond the rent owed?

Yes. The fact-finder can award actual damages and, if malice is shown, statutory damages of up to $600 as well.

What happens to my belongings left in the unit after an eviction?

Property reasonably believed lost is disposed of under Civil Code § 2080. Other property must be stored, and the owner notified, before it's released or disposed of under the procedures in Civil Code §§ 1965, 1980, 1988, and 1990.

Amendment History

Amended by Stats. 1993, Ch. 755, Sec. 2. Effective January 1, 1994.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

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